CITY COUNCIL SPECIAL AND REGULAR
MEETING AGENDA
JUNE 17, 2025
SPECIAL MEETING: 6:00 P.M. – 7:00 P.M
REGULAR MEETING: 7:00 P.M.
WE ENCOURAGE ALL MEMBERS OF THE PUBLIC TO PARTICIPATE IN THE MEETING VIA TELECONFERENCE BY CALLING (520) 525-8911. ANY MEMBER OF THE PUBLIC
PARTICIPATING VIA TELECONFERENCE WILL BE GIVEN THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT.
ADDITIONALLY, THE REGULAR MEETING WILL BE STREAMED ON YOUTUBE LIVE https://www.youtube.com/channel/UCB_ZmQZIHELh-ECEPZ2VwZg Notice is hereby given that the City Council will hold a Special and Regular Meeting on June 17, 2025, at the City Council Chambers, 663 Main Street, Livingston, California. Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990.
Persons requesting accommodation should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection by email if requested. Public comments can be submitted via emailed at [email protected]. Comments must be received by 2:00 p.m. on the day of the City Council meeting in order for them to be distributed to the Council prior to consideration of the matter.
You will need to provide: Meeting date, item number, name, email and comment (please limit to 300 words or 3 minutes). Please include: PUBLIC COMMENT in the subject for the email. Written comments will not be read aloud at the meeting, but will be reported as received for the record. If you do not receive an acknowledgement of receipt by 4:00 p.m., please call the City Clerk’s Office at (209) 394-8041, Ext. 121 (Note: This technology is not a guaranteed method).
SPECIAL MEETING
1. Call to Order
2. Roll Call
3. Pledge of Allegiance.
4. Moment of Silence – First Responders and Military Members.
5. Citizen Comments
CLOSED SESSION
A “Closed” or “Executive” Session of the City Council or the Successor Agency to the Redevelopment Agency of the City of Livingston may be held in accordance with state law which may include, but is not limited to, the following types of items:
personnel matters, labor negotiations, security matters, providing instructions to real property negotiators, conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Council Chambers located at 663 Main Street, Livingston, California. Any public comment on Closed Session items will be taken before the Closed Session.
Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 633 Main Street, Livingston, California.
6. Conference with Labor Negotiator (Government Code Section 54957.6) Labor Negotiator: Jose Antonio Ramirez, City Manager
Employee Organizations:
OE3- Clerical Bargaining Unit
OE3 - Police Supervisory Employees Association
OE3 - Management/Confidential Bargaining Unit
OE3 - Livingston Police Officer Association
7. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code, § 54956.9(d):
One (1) matter.
8. Public Employee Appointment, pursuant to Government
Code section 54957: City Attorney
REGULAR MEETING
CALL TO ORDER Next Resolution No.: 2025-58
Next Ordinance No.: 661
Pledge of Allegiance.
Moment of Silence – First Responders and Military Members.
Page Page 2 of 89 2 of 138
Roll Call.
Changes to the Agenda.
CITIZEN COMMENTS
This section of the agenda allows members of the public to address the City Council on any item NOT on the agenda. Members of the public, when recognized by the Mayor, should come forward to the lectern, and identify themselves. Comments are normally limited to three (3) minutes. In accordance with State Open Meeting Laws, no action will be taken by the City Council this evening.
AWARDS, PRESENTATIONS, PROCLAMATIONS
1. Presentation by Jacquie Benoit, Recreation Superintendent: Eva Ybarra Memorial Scholarship.
2. Presentation by Mayor Moran: Service Plaque to City Attorney Roy Santos.
3. Presentation by Mayor Moran: Recognition for the Livingston Athletes and Coaches for Achieving the CIF State Division IV Championship.
COUNTY SUPERVISOR’S ANNOUNCEMENTS AND REPORTS
Supervisor Jim Pacheco Announcements and Reports.
CONFLICT OF INTEREST DECLARATION
Members of the City Council will declare an actual or apparent conflict of interest before discussions or decisions about any matters in which they or anyone with whom they have a close personal relationship could directly or indirectly benefit or where such a benefit could be perceived.
CONSENT AGENDA
Items on the Consent Calendar are considered routine or non-controversial and will be enacted by one vote, unless separate action is requested by a member of the public, the City Manager or City Council Member.
There will be no separate discussion of these items unless members of the public, City Council or City Manager request that specific items be removed. Public comment on consent agenda items shall be limited to three (3) minutes per-person regardless of the number of items contained within the consent agenda
4. Consideration Of Resolution Accepting Completion for Sludge Thickener Installation Project at the Wastewater Treatment Plant, Authorizing the City Clerk to file a Notice of Completion with Merced County, and Authorizing the City Manager to make Final Payment of Retention Monies to Resource Development Company. Staff Recommendation: Approve Resolution.
5. Consideration of a Resolution Accepting Completion of the Well No. 18 Test Well Project, Authorizing the City Clerk to file a Notice of Completion with Merced County, and Authorizing the City Manager to Make Final Payment of Retention Monies to Quality Well Drillers, Inc. Staff Recommendation: Approve Resolution.
6. Consideration of a Resolution Accepting the Proposal Submitted by Adams Ashby Group to Provide General Grant Services Related to the State Community Development Block Grant (CDBG) Program and Awarding a Professional Services Contract to Adams Ashby Group and Authorizing the City Manager to Enter Into a Five-Year Professional Service Agreement With Adams Ashby Group, LLC in a Form Approved by the City Attorney. Staff Recommendation: Approve Resolution.
DISCUSSION AND POTENTIAL ACTION ITEMS
7. Consideration of a Resolution Appointing Scott Woods to the Parks Recreation and Arts Commission Staff Recommendation: Approve Resolution.
8. Consideration of a Resolution Of The City Council Of The City Of Livingston Establishing The Creation Of A Tax Sharing Ad-Hoc Committee, With A Sunset Provision Of June 17, 2026; And, Providing An Effective Date. Staff Recommendation: Approve Resolution and Provide and Effective Date.
9. Consideration of a Resolution Adopting the Annual Budget for Fiscal Year 2025/2026 and the Appropriation Limit for Fiscal Year 2025/2026. Staff Recommendation: Approve Resolution.
10. Consideration of a Resolution Approving a Legal Agreement with the Law Firm of Burke, Williams & Sorensen, LLP to Provide City Attorney Legal Services for the City of Livingston and Legal Counsel for the City of Livingston Successor Agency, the City of Livingston Planning Commission, the City of Livingston Public Financing Authority, and all other City Boards and/or Commissions.
Staff Recommendation: Approve Resolution.
ANNOUNCEMENTS AND REPORTS
City Staff Announcements and Reports.
City Manager Announcements and Reports.
City Council Members’ Announcements and Reports.
Mayor’s Announcements and Reports.
Robert Wallis
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board –Robert Wallis, Representative and Japjeet Uppal, Alternative.
• City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Robert Wallis.
• Utility Stakeholders Committee – Japjeet Uppal and Robert Wallis.
Jason Roth
• Merced County Local Agency Formation Commission (LAFCO) Jason Roth, Representative. • Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
Page Page 4 of 89 4 of 138
• City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Robert Wallis.
Japjeet Uppal
• Central Valley Division League of California Cities – Jose Moran, Representative and Japjeet Uppal, Alternate.
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board – Robert Wallis, Representative and Japjeet Uppal, Alternative. • City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Japjeet Uppal.
• Merced Integrated Regional Water Management Plan (MIRWMA) – Japjeet Uppal, Representative and Robert Wallis, Alternate Representative. • Utility Stakeholders Committee – Japjeet Uppal and Robert Wallis.
Gurpal Samra
• Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
• Merced County Association of Governments (MCAG) Governing Board – Gurpal Samra, Representative and Jose Moran, Alternate.
Jose Moran
• Central Valley Division League of California Cities – Jose Moran, Representative and Japjeet Uppal, Alternate.
• Merced County Association of Governments (MCAG) Governing Board – Gurpal Samra, Representative and Jose Moran, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Japjeet Uppal.
COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
ADJOURNMENT
STAFF REPORT
AGENDA ITEM: Resolution Accepting Completion for Sludge Thickener Installation Project at the Wastewater Treatment Plant, Authorizing the City Clerk to file a Notice of Completion with Merced County, and Authorizing the City Manager to make Final Payment of Retention Monies to Resource Development Company
MEETING DATE: June 17, 2025
PREPARED BY: Mario Gouveia, City Engineer
REVIEWED BY: José Antonio Ramírez, City Manager
RECOMMENDATION:
Staff recommends Council adopt the resolution accepting completion for Sludge Thickener Installation Project at the Wastewater Treatment Plant, authorizing the City Clerk to file a Notice of Completion with Merced County, and authorizing the City Manager to make Final Payment of Retention Monies to Resource Development Company.
BACKGROUND AND DISCUSSION:
The City of Livingston’s Wastewater Treatment Plant (WWTP) had insufficient sludge dewatering capacity, especially during the winter months. The City Council of the City of Livingston (City) awarded a contract to Process Wastewater Technologies, LLC to supply a skid mounted sludge thickener to be installed at the Wastewater Treatment Plant (WWTP) by City forces. Upon further field review of the WWTP, it was determined that the existing return activated sludge pumps do not provide sufficient pressure to feed the sludge thickener properly. City Council subsequently approved the purchase of an additional sludge feed pump to be incorporated and installed as part of the skid mounted sludge thickener package.
The City had originally planned to have this work performed in-house by City forces but subsequently decided to bid it out and have the work performed by a Contractor.
Following a public bidding process, on June 11, 2024, Council awarded a contract to Resource Development Company in the amount of seven hundred ninety-three thousand four hundred dollars and zero cents ($793,400.00) and entered into an Agreement on July 12, 2024.
The project’s construction phase started November 18, 2024, and the major work consisted of installing an Owner furnished skid mounted sludge thickener and WAS feed pump, constructing concrete foundation, furnishing and installing site pipe, polymer feed system, electrical and instrumentation, startup, and other miscellaneous work at the Wastewater Treatment Plant in the City of Livingston.
The Contractor completed all work and the Public Works Department, and the City Engineer have completed a final inspection, and the work was found to be in compliance with the plans and specifications.
Therefore, the work should be accepted as complete, and a Notice of Completion filed with Merced County. If no claims are filed within 35 days after recording, the retention in the amount of Forty-One Thousand One Hundred Twenty-Three Dollars and Fifty-Three Cents ($41,123.53) should be paid to Resource Development Company.
FISCAL IMPACT:
The final construction contract cost inclusive of all authorized work was Eight Hundred Twenty-Two Thousand Four Hundred Seventy Dollars and Sixty-Seven Cents $822,470.67.
PROJECT COST SUMMARY
Contract Amount $ 793,400.00
Change Order No. 1 $ 3,751.00
Change Order No. 2 $ 17,488.22
Change Order No. 3 $ 7,574.89
Change Order No. 4 $ (5,432.44)
Change Order No. 5 $ 5,689.00
Change Order No. 6 – Additional Contract time $ 0.00
Change Order No. 7 – Additional Contract time $ 0.00
Actual Construction Cost $ 822,470.67
Funding for this project was encumbered in Fiscal Year 2024/2025 Budget. The Sludge Thickener Installation Project will be funded using Sewer Enterprise Funds (2101-815-7445).
ATTACHMENTS:
1. Resolution 2025-
2. Notice of Completion
RESOLUTION NO. 2025-
RESOLUTION ACCEPTING COMPLETION FOR SLUDGE THICKENER
INSTALLATION PROJECT AT THE WASTEWATER TREATMENT PLANT, AUTHORIZING
THE CITY CLERK TO FILE A NOTICE OF COMPLETION WITH MERCED COUNTY, AND
AUTHORIZING THE CITY MANAGER TO MAKE FINAL PAYMENT OF RETENTION MONIES
TO RESOURCE DEVELOPMENT COMPANY
WHEREAS, the City of Livingston has identified the need for a skid mounted sludge thickener to be installed at the Wastewater Treatment Plant; and WHEREAS, on July 16, 2024, Council awarded a contract to Resource Development Company in the amount of seven hundred ninety-three thousand four hundred dollars and zero cents ($793,400.00); and
WHEREAS, the Project’s construction phase started November 18, 2024: and WHEREAS, Resource Development Company completed all the work, and the Public Works Department and City Engineer have completed a final inspection of the Project and recommend the final acceptance; and
WHEREAS, the City issued a total of seven (7) Change Orders in the amount of twentynine thousand seventy dollars and zero cents ($29,070.67); and WHEREAS, the final construction contract cost inclusive of all authorized work was Eight Hundred Twenty-two Thousand Four Hundred Seventy Dollars and Sixty-Seven Cents ($822,470.67); and
WHEREAS, upon approval of the final acceptance of the Project by the City Council, the City Clerk will file a Notice of Completion with Merced County:
WHEREAS, the City Manager will release retention monies in the amount of Forty-One Thousand One Hundred Twenty-Three Dollars and Fifty-Three Cents ($41,123.53) due to Resource Development Company thirty-five (35) days after the recording date; and WHEREAS, funding for this work was encumbered in fiscal year 2024/2025 and will be expended from the Sewer Enterprise Funds (2101-815-7445).
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Livingston as follows:
1. Section 1. The above recitals are true and correct findings of the Livingston City Council.
Section 2. Adopts Resolution 2025- accepting the Sludge Thickener Installation Project as complete.
Section 3. Authorizes the City Clerk to file a Notice of Completion with Merced County.
Section 4. Authorizes the City Manager to make a final payment of retention monies to Resource Development Company 35 days after the recording date.
Section 5. This Resolution will become effective immediately.
I hereby certify that the foregoing Resolution No. 2025- is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 17
th day of June 2025, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Jose A. Moran, Mayor
of City of Livingston
ATTEST
Monica Cisneros, Deputy City Clerk
Of the City of Livingston
APPROVED AS TO LEGAL FORM
________________________
Roy C. Santos, City Attorney
RECORDING REQUESTED BY:
City Clerk
City of Livingston
WHEN RECORDED RETURN TO:
City of Livingston
1416 “C” Street
Livingston, CA 95334
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
1. That the interest of estate stated in paragraph 3 below in the real property hereinafter described is owned by the following:
NAME STREET AND NO. CITY STATE
City of Livingston 1416 “C” Street Livingston California (if more than one owner of the interest stated, the name and address of each must be inserted)
2. That the full name and address of the owner of said interest or estate, if there is only one owner, and the full names and addresses of all the co-owners who own said interest or estate as joint tenants, as tenants in common or otherwise, if there is more than one owner, are set forth in the preceding paragraph.
3. That the nature of the title of said owner, or if more than one, then of said owner and co-owner is: In Fee.
4. That on the 29th day of May, 2025 a work of improvement on the real property hereinafter described was completed.
5. That the name of the original contractor, if any for such work of improvement was:
Resource Development Company
(If no contractor for work of improvement as a whole, insert “No Contractor”)
6. That the real property herein referred to is situated in the City of Livingston, County of Merced, State of California, and is described as follows:
The major work consisted of installing an Owner furnished skid mounted sludge thickener and WAS feed pump, constructing concrete foundation, furnishing and installing site pipe, polymer feed system, electrical and instrumentation, startup, and other miscellaneous work at the Wastewater Treatment Plant in the City of Livingston I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
June 17, 2025 By:
Date Signature of Owner
Jose Ramirez, City Manager
City of Livingston
Print Name
VERIFICATION
I understand, state:
I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed at Livingston, City of Livingston
California This 17th day of June,
2025.
Owner
By:
Jose Ramirez, City Manager
City of Livingston
STAFF REPORT
AGENDA ITEM: Adopt a Resolution Accepting Completion of the Well No. 18 Test Well Project, Authorizing the City Clerk to File a Notice of Completion with Merced County, and Authorizing the City Manager to Make Final Payment of Retention Monies to Quality Well Drillers, Inc.
MEETING DATE: June 17, 2025
PREPARED BY: Mario Gouveia, City Engineer
REVIEWED BY: José A. Ramírez, City Manager
RECOMMENDATION:
Staff recommends Council adopt a Resolution accepting completion of the Well No. 18 Test Well Project, Authorizing the City Clerk to file a Notice of Completion with Merced County, and Authorizing the City Manager to Make Final Payment of Retention Monies to Quality Well Drillers, Inc.
BACKGROUND AND DISCUSSION:
The City of Livingston has determined the need for a new production well, Well No. 18 at Lucero Park, in the City of Livingston. As a first step in constructing Well No. 18, a test well needs to be constructed to verify the feasibility of constructing a production well at this location.
Following a public bidding process, on February 4, 2025, Council awarded a contract to Quality Well Drillers, Inc. in the amount of one hundred seventeen thousand seven hundred dollars and zero cents ($117,700.00) and entered into an Agreement on March 3, 2025.
The project’s construction phase started March 17, 2025, and the major work consisted of drilling one (1) test well for a new City well including well logging, aquifer sampling and abandonment of the test well.
The Contractor completed all work and the Public Works Department, and the City Engineer have completed a final inspection and the work was found to be in compliance with the plans and specifications.
Therefore, the work should be accepted as complete, and a Notice of Completion filed with Merced County. If no claims are filed within 35 days after recordation, the retention in the amount of five thousand six hundred eighty-five dollars and zero cents ($5,685.00) should be paid to Quality Well Drillers, Inc.
FISCAL IMPACT:
The City issued one Balancing Change Order in the amount of negative four thousand dollars and zero cents ($-4,000.00) to adjust the final contract price based on Final Quantities. The final construction contract cost inclusive of all authorized work was One Hundred Thirteen Thousand Seven Hundred Dollars and Zero Cents ($113,700.00).
A summary of contract costs are as follows:
PROJECT COST SUMMARY
Contract Amount $ 117,700.00
Change Order No. 1 (Balancing Change Order) $ (4,000.00) Actual Construction Cost $ 113,700.00
Funding for this project was encumbered in fiscal year 2024/2025 and will be expended from the Water Capital Fund (2104-830-7573).
ATTACHMENTS:
1. Resolution 2025-
2. Notice of Completion
RESOLUTION NO. 2025-
RESOLUTION ACCEPTING COMPLETION FOR THE WELL NO. 18 TEST WELL
PROJECT, AUTHORIZING THE CITY CLERK TO FILE A NOTICE OF COMPLETION WITH
MERCED COUNTY, AND AUTHORIZING THE CITY MANAGER TO MAKE FINAL PAYMENT OF RETENTION MONIES TO QUALITY WELL DRILLERS, INC.
WHEREAS, the City of Livingston has determined the need for a new production well, Well No. 18 at Lucero Park, in the City of Livingston. As a first step in constructing Well No. 18, a test well needs to be constructed to verify the feasibility of constructing a production well at this location; and
WHEREAS, on February 26, 2025, Council awarded a contract to Quality Well Drillers, Inc. in the amount of One Hundred Seventeen Thousand Seven Hundred Dollars and Zero Cents ($117,700.00); and
WHEREAS, the project’s construction phase started March 17, 2025: and WHEREAS, Quality Well Drillers, Inc. completed all the work, and the Public Works Department and City Engineer have completed a final inspection of the Project and recommend the final acceptance; and
WHEREAS, the City issued one (1) Balancing Change Order in the amount of negative Four Thousand Dollars and Zero Cents ($-4,000.00) to adjust the final contract price based on Final Quantities; and
WHEREAS, the final construction contract cost inclusive of all authorized work was one hundred thirteen thousand seven hundred dollars and zero cents ($113,700.00); and WHEREAS, upon approval of the final acceptance of the Project by the City Council, the City Clerk will file a Notice of Completion with Merced County:
WHEREAS, the City Manager will release retention monies in the amount of Five Thousand Six Hundred Eighty-Five Dollars and Zero Cents ($5,685.00) due to Quality Well Drillers, Inc. thirty-five (35) days after the recording date; and WHEREAS, funding for this work was encumbered in fiscal year 2024/2025 and will be expended from the Water Capital Funds (2104-830-7573).
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Livingston as follows:
1. Section 1. The above recitals are true and correct findings of the Livingston City Council.
Section 2. Adopts Resolution 2025- accepting the Well No. 18 Test Well Project as complete.
Section 3. Authorizes the City Clerk to file a Notice of Completion with Merced County.
Section 4. Authorizes the City Manager to make a final payment of retention monies to Quality Well Drillers, Inc. 35 days after the recording date.
Section 5. This Resolution will become effective immediately.
I hereby certify that the foregoing Resolution No. 2025- is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 17th day of June, 2025, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Jose A. Moran, Mayor
of City of Livingston
ATTEST
Monica Cisneros, Deputy City Clerk
Of the City of Livingston
APPROVED AS TO LEGAL FORM
________________________
Roy C. Santos, City Attorney
RECORDING REQUESTED BY:
City Clerk
City of Livingston
WHEN RECORDED RETURN TO:
City of Livingston
1416 “C” Street
Livingston, CA 95334
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
1. That the interest of estate stated in paragraph 3 below in the real property hereinafter described is owned by the following:
NAME STREET AND NO. CITY STATE
City of Livingston 1416 “C” Street Livingston California (if more than one owner of the interest stated, the name and address of each must be inserted)
2. That the full name and address of the owner of said interest or estate, if there is only one owner, and the full names and addresses of all the co-owners who own said interest or estate as joint tenants, as tenants in common or otherwise, if there is more than one owner, are set forth in the preceding paragraph.
3. That the nature of the title of said owner, or if more than one, then of said owner and co-owner is: In Fee.
4. That on the 25th day of April, 2025 a work of improvement on the real property hereinafter described was completed.
5. That the name of the original contractor, if any for such work of improvement was:
Quality Well Drillers, Inc.
(If no contractor for work of improvement as a whole, insert “No Contractor”)
6. That the real property herein referred to is situated in the City of Livingston, County of Merced, State of California, and is described as follows:
The major work consisted of drilling a test well for a new City well including well logging, aquifer sampling and abandonment of the test well in the City of Livingston
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
June 17, 2025 By:
Date Signature of Owner
Jose Ramirez, City Manager
City of Livingston
Print Name
VERIFICATION
I understand, state:
I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed at Livingston, City of Livingston
California This 17th day of June,
2025.
Owner
By:
Jose Ramirez, City Manager
City of Livingston
STAFF REPORT
AGENDA ITEM: Resolution Accepting the Proposal Submitted by Adams Ashby Group to Provide General Grant Services Related to the State Community Development Block Grant (CDBG) Program and
awarding a Professional Services Contract to Adams Ashby Group and Authorizing the City Manager to Enter Into a Five-Year Professional Service Agreement With Adams Ashby Group, LLC in a Form Approved by the City Attorney.
MEETING DATE: June 17, 2025
PREPARED BY: Jose Antonio Ramirez, City Manager
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:
City Council adopt a Resolution Accepting the Proposal Submitted by Adams Ashby Group to Provide General Grant Services Related to the State Community Development Block Grant (CDBG) Program and awarding a Professional Services Contract to Adams Ashby Group and Authorizing the City Manager to Enter Into a Five-Year Professional Service Agreement With Adams Ashby Group, LLC in a Form Approved by the City Attorney.
BACKGROUND:
The City of Livingston actively pursues and administers funding from various state and federal housing and community development programs, including the Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), and the Permanent Local Housing Allocation Program (PLHA). The city currently manages active public facilities and public service grants. Prior to May 6, 2014, the City had a professional services contract with Self-Help Enterprises. The
The State Department of Housing and Community Development (HCD) should be releasing a Notice of Funding Availability (NOFA) for the Community Development Block Grant (CDBG) Program this summer. In anticipation of this NOFA staff will be consulting with the city council to determine what funding categories to prioritize.
To support current and future program needs, the City issued a Request for Proposals (RFP) to identify a qualified consultant to provide comprehensive grant administration services. The RFP was published May 12th and circulated to several grant administration consultants. The RFP sought a consultant capable of supporting the City in both day-to-day administration and the pursuit of new grant opportunities. The proposed contract term is five years. Staff received three qualified proposal by the June 2nd deadline.
Three firms submitted proposals for this work and city staff evaluated the RFP’s and ultimately recommend Adams Ashby Group. Adams Ashby Group has extensive experience with federal and state grant funding including CDBG, the primary program that the city has participated in
since leaving the Urban (Merced) County. Adams & Ashby Group has performed this line of work with the city in the past.
DISCUSSION:
Following a competitive RFP process, staff recommends awarding a five-year contract to Adams Ashby Group. The firm was selected based on its extensive experience working with small cities on state-administered programs such as CDBG. Adams Ashby has a demonstrated track record in both grant application development and program implementation and is highly knowledgeable in the regulatory requirements that govern these funding sources, including labor standards and environmental review. Staff has enjoyed working with the Adams Ashby Group in years prior. They assisted the city in applying and executing a couple of CDBG funded projects: 2016 waterline improvement project; 2016 code enforcement program; and 2020 sewer line improvement project.
Adams Ashby Group’s proposal includes grant writing, administration, and implementation of such grants for a period of five years. They plan on helping the city secure funds through Federal, State, and Local funding sources such as the Community Development Block Grant (CDBG), CDBG Revolving Loan Accounts, and Program Income.
FISCAL IMPACT:
The contract will be funded through administrative allocations from awarded grants and program income. If the City does not receive additional awards, the only cost to the City will be for grant applications and required monitoring which will paid for through special revenue program income. There is no impact to the General Fund.
ATTACHMENTS:
1. Resolution No. 2025- __
2. Proposal
3. Professional Services Agreement
4. Proposals from Self-Help
Enterprises and California
Consulting.
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON ACCEPTING THE
PROPOSAL SUBMITTED BY ADAMS ASHBY GROUP TO PROVIDE GENERAL GRANT
SERVICES RELATED TO THE STATE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND AWARDING A PROFESSIONAL SERVICES CONTRACT TO
ADAMS ASHBY GROUP AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A
FIVE-YEAR PROFESSIONAL SERVICE AGREEMENT WITH ADAMS ASHBY GROUP, LLC
IN A FORM APPROVED BY THE CITY ATTORNEY
WHEREAS, the City of Livingston actively administers and pursues funding from a variety of state and federal housing and community development programs, including the Community Development Block Grant (CDBG) program; and
WHEREAS, to support current and future program needs, the City issued a Request for Proposals (RFP) to identify a qualified consultant to provide comprehensive grant administration services; and
WHEREAS, the purpose of the RFP was to establish a long-term relationship with a consultant capable of supporting the City in day-to-day administration as well as the pursuit of new grant opportunities, with a proposed contract term of five years; and WHEREAS, following a competitive RFP process, Adams Ashby Group was selected due to its extensive experience with state-administered programs such as CDBG, and its proven track record in both grant application development and program implementation; and WHEREAS, Adams Ashby Group will provide a full range of services under this contract, including grant application preparation, program implementation, labor compliance monitoring, reporting, fund coordination, environmental review, procurement compliance, subrecipient monitoring, public outreach, and recordkeeping in compliance with federal and state requirements; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston hereby authorizes the City Manager to enter into a five-year contract with Adams Ashby Group, attached hereto as Exhibit A, for comprehensive grant administration services.
I hereby certify that the foregoing Resolution No. 2025-___is a full, true, and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 17th day of June 2025, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Jose A. Moran, Mayor
of City of Livingston
ATTEST
Monica Cisneros, Deputy City Clerk
APPROVED AS TO LEGAL FORM
________________________
Roy C. Santos, City Attorney
May 27, 2025
City of Livingston
Attn: Jose Antonio Ramirez
1416 C Street
Livingston, CA 95334
Re: Request for Proposal – Grant Administration Services Dear Mr. Ramirez,
Thank you for including the Adams Ashby Group in your Request for Proposal for Grant Administration Services for the City of Livingston. We are pleased to submit the following proposal for your review. Based on our current capacity, this proposal is limited to only the CDBG portion of the RFP and does not include services related to CalHOME and your housing programs.
We believe – as you review our proposal and qualification – you will find that our team provides the necessary technical experience and expertise, coupled with practical application and knowledge, to fulfill the tasks outlined and to provide your agency the highest quality of service. Our team brings over 40 years of community development and management experience that covers a variety of state and federal agencies.
As outlined in the Request for Proposal, we are submitting the enclosed, presenting our qualifications, and providing the information requested. Additionally, this letter certifies that all statements contained in the attached proposal are true and correct to the best of our knowledge, and we will comply with applicable State/Federal requirements to the best of our ability.
If you have any questions or would like to discuss our proposal, please contact me at 916-449-3944 or [email protected] .
Warmest Regards,
Paul Ashby
Principal
B. Detailed History, Summary of Services & Experience
Adams Ashby Group: Your Trusted Community Development Partner At Adams Ashby Group, our mission is to meet the unique needs of our clients. With a dedicated team and over 40 years of career experience in community development services, we specialize in managing State and Federal funding, particularly for the Community Development Block Grant (CDBG) Program. Our commitment extends beyond mere administration; we create an environment that allows us to proactively address both departmental and community concerns. Our Services Include:
• Identifying funding resources for municipalities
• Navigating state and federal requirements
• Efficiently delivering funds to accomplish vital programs and projects We take pride in our expertise and look forward to continuing to put our experience to work for you. Thank you for considering Adams Ashby Group as your community development partner.
Mission Statement To collaboratively empower and uplift communities by fostering sustainable growth, enhancing economic opportunities, and strengthening municipal partnerships. Our commitment lies in creating vibrant neighborhoods, promoting self-sufficiency, and ensuring equitable development all while balancing
compliance with the Federal and State regulations.
Centrally located within the State, Adams Ashby Group is uniquely positioned to serve clients throughout the project lifecycle. From project inception to planning, design, funding access, and seamless project coordination, our team is committed to ensuring your program or project’s success while adhering to all necessary requirements and regulations.
Our Strengths:
• Experienced Leadership: Lorie Ann Adams and Paul Ashby have worked together for over 20 years, bringing over 40 years of community development experience and knowledge to the table.
• Proven Track Record: The projects and program experiences outlined in this document were successfully completed during our careers, and we have brought this wealth of experience to expand the Adams Ashby Group, Inc. • Full-Service Approach: As a comprehensive firm, we offer a broad knowledge base. Our firm is available to provide full services to the agency or can provide bridge services based on the current resources available at your community.
We eagerly look forward to the future and warmly welcome you as a valued part of it! Adams Ashby Group
1000 Lincoln Road H212- Yuba City, CA 95991
916.449.3944 t
www.adamsashbygroup.com
As the market evolves and government responses shift, municipalities face the challenge of navigating funding sources for projects and program implementation. The Adams Ashby Group, Inc. specializes in community development services across the State of California. Our firm stands out due to our comprehensive understanding of the diverse needs within the communities we serve and the variety of funding sources we implement.
We offer a range of services to organizations, designed to facilitate the achievement of their goals:
1. Funding Assistance: We assist municipalities in identifying funding resources, ensuring that state and federal funds are accessible for various programs and projects.
2. Planning and Studies: Our team assists in accessing funding to complete essential planning and housing studies, providing valuable insights for community development. Additionally, our team can provide income surveys to support applications and need evidence requirements in applications.
3. Housing Program/Project Administration: We support the implementation and administration of housing projects, ensuring efficient and effective delivery of units including overlay implementation. Our team can also provide capacity building and training to staff for housing program implementation.
4. Federal and State Overlay Compliance: We navigate the complex overlay requirements, including labor compliance and HUD Section 3 for public works projects, to ensure seamless execution.
5. Environmental Studies: Our expertise and partnerships extend to environmental studies, addressing sustainability and community well-being.
Our experience as Adams Ashby Group, Inc. spans over 15 years of service in the field, during which we have built strong relationships and accessed vital resources. Let us guide your municipality in both short-term and long-term project planning and implementation. Below we have outlined the variety of funding we have assisted communities in obtaining and managing over our time in service.
This table outlines the state and federal agencies that we have grant writing experience in and continuously monitor to ensure critical dates and funding announcements are distributed to our clients. The Adams Ashby Group is your one stop resource for identifying and securing state and federal funds.
Grant /Program Management Services
Program Income management
Portfolio management
Project management
Funding management
Long Term Monitoring - HOME
Program and
Project Implementation Services
Housing rehabilitation programs
Home buyer programs
RDA 20 percent set-aside programs
TBRA Programs
NSP Programs and Projects
Planning and Community Studies
Program design and development
Economic development studies
Housing condition surveys
Special needs assessments
Income surveys
Public and community facilities
Compliance/Overlay Requirement Services
Federal and state
Labor
Environmental Services
CEQA
NEPA
Combination CEQA/NEPA
Phase I /Phase II
Grant /Funding Services
CDBG
HOME
PLHA
EHAP
CalHOME
State bond programs
Small Community Grants Program
USDA – Rural Development
Caltrans
Safe Routes to Schools (State and
Federal)
STIP and RTIP
Department of Parks and Recreation
Roberti Z’Berg Harris Program
Land and water conservation fund
Recreational trail program
I Bank
Department of Water Resources
State Water Resources Control Board
CalRecycle
Department of Transportation
Environmental Protection Agency
Department of Homeland Security
Department of Justice
Environmental Protection Agency
Project Development
Recreational Trail
Park Development
Infrastructure Project Development
Water, Sewer, Storm Drainage, etc.
Lighting
Public Safety Facilities
Multi-Family Housing
Grant Programs
The Adams Ashby Group recognizes the importance of securing financial assistance for municipalities and can provide your community with the necessary resources and expertise to secure both private and public funding. As with any program or project, locating and securing funding is the key component to its success. Now more than ever, organizations must put priority projects and programs on the shelf due to the lack of available monies in budgets. Our team monitors funding agencies and resources to ensure available grant and loan programs are examined to provide our clients with as many opportunities as possible. Our goal is to leverage funding to the highest extent possible at the least cost to the community.
Grant / Program Management Services
Managing grant programs and funding is essential to the success of a grant awarded to a community, as performance can determine future awards and grant management must be a priority. Once a program has been completed, residual management of Program Income, Portfolio’s and Long-Term Monitoring are required and must continue. The Adams Ashby Group is trained and maintains certifications by HUD and other agencies to effectively provide these services to your agency and ensure compliance.
Program and Project Implementation Services
There are a variety of programs and projects that can be implemented with grants funds depending on your community needs whether a housing program or public works project. Our goal is to assist in the development, visioning and implementation or your programs and projects.
Adams Ashby Group is prepared to implement your programs and projects and assist you in accessing the required funding to meet the needs of your community.
Planning and Community Studies:
Planning is always the first step in any project and understanding the variety of factors are critical to accessing funding. The New CDBG Over the Counter Process requires applicants to be “Shovel Ready” at applications which request the following:
• Plans & Specs completed and ready to bid within 90 days of the State Contract being awarded
• Environmentals complete, published and ready to submit the Authority to Use Grant Funds • All permits obtained or in process and ready to be issued prior to contract award • Complete cost estimate
• Site control
The Adams Ashby Group will provide focus and assist your community managing the PTA process to provide the above compliance to access funding to complete project. At the Adams Ashby Group, we have been successful throughout our careers in accessing planning dollars, with more than $5 million secured for communities, which has resulted in a variety of community planning studies and reports that have led to CDBG Projects.
Compliance/Overlay Requirement Services
Each granting agency has specific compliance and overlay requirements; for example, environmental, equal opportunity, Buy American, State prevailing wage, Davis - Bacon labor standards and relocation requirements. Managing and having complete records of compliance
C. Policy on Affirmative Action/Conflict of Interest Statement/Drug Free Workplace
Adams Ashby Group, Inc. is an equal opportunity employer. Our policy is to recruit, hire, and promote based on qualifications and merit without regard to race, color, ethnicity, national origin, religion, gender, sexual orientation, disability, or marital status.
Adams Ashby Group is incompliance with Executive Order 11246.
We are Drug-Free Workplace and maintain the requirement in force that meets required state and federal overlay regulations.
UEI Number Verification
General Insurance / Professional Insurance / Workers Compensation Adams Ashby Group Insurance Coverage is provided by USAA Insurance Agency – Hartford Casualty Insurance Company. The policy information is as follows:
General Liability: 65 SBA NW 6130 6/01/24 – 6/01/25 Each Occurrence $1,000,000 Fire Damage $300,000
Med Exp $10,000
P & ADV $1,000,000
General Agg. $2,000,000
Products –Comp $2,000,000
Automobile Liability: 65 SBA NW6130 06/01/24 – 6/01/25 Combined Single $1,000,000 Errors & Omissions Insurance: 596466820 5/19/24 -5/19/25 Single Limit $1,000,000 State Farm Workers Compensation Policy: 90-CL-E629-8 Each Occurrence $1,000,000 Small Business Certifications
The Adams Ashby Group has received a Small Business Designation from the State of California.
Certification #1059345 Effective from July 22, 2009 – Present JLlSAM.Gov·
ADAMS ASHBY GROUP, INC.
UnlQue Entity ID
R9SS89PUJNL5
Registration Status
Active Registration
Physical Address
832 Richland RD STE C
Yuba City, California 95991 .6280
United States
CAGEINCAGE
7KT86
Ex:plratlon Date
Jun 6, 2025
Mailing Address
1000 Lincoln Road
H-212
Yuba City, California 95991
United tales
D. Organizational Chart
Paul Ashby will be the primary contact for the City for providing grant management and project coordination services. Paul will be managing the process with support from the administrative staff in ensuring regulatory fiscal compliance as well as the nuances outlined in each funding contract, as well as our labor compliance team for any public facility / works projects. Lorie will assist on an as needed basis.
Ms. Adams and Mr. Ashby have over 40 years of combined experience working for and with local government agencies in the administration and implementation of grant funds. Both provide expertise of all intricacies related to grant programs and have managed and implemented these programs from application through close out with CDBG, HOME, USDA, and others. Ms. Adams and Mr. Ashby have been highly successful throughout their career in securing funding for communities across California and offer grant writing experience for over 15 state and federal agencies. Additionally, Mr. Ashby brings vast experience in environmental processes and procedures, ensuring that all federal and stay regulations are followed and met for your projects.
In addition to the primary team, Brenda Bray will provide support services related to Labor Compliance as needed and Dawn McGee will provide administrative support.
Primary
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E. Reference and Project Listing
Below we have included a list of references and a brief overview of projects completed by Adams Ashby Group.
City of Firebaugh
Ben Gallegos, City Manger
Rita Lozano, City Clerk
1133 P Street
Firebaugh, CA 93622
Phone: (559) 659-2043
We have worked with the City for over a period
of 10 years assisting with the implementation of
the various housing programs and a variety of
infrastructure projects in the City including
Planning Studies. Administration and
implementation of more than $15 million in
infrastructure projects including labor
compliance. We have prepared numerous
applications for funding under DWR,
Stewardship Council, RZH and Park Funds,
HOME, CDBG, and Caltrans. We provide data
and support information to ensure the housing
element recommendations are implemented
as well as development of strategies based on
the current needs of the community.
09-STAR-6389: CDBG-R
Public Infrastructure Project
10-STBG-6714: Public Infrastructure Project
11-PTEC-7623: Planning Technical Assistance
12-CDBG-8389: Public Infrastructure Project
15-CDBG-10568: Public Infrastructure Project
17-CDBG-12016 – Public Infrastructure Project
18-CDBG-12995 – Public Infrastructure Project
20-CDBG-12000 – Public Facility Project
22-CDBG-NH-00014 – Public Service Program
City of Lakeport
Kevin Ingram, City Manager
Nick Walker, Asst. City Manager/Finance
225 Park Street
Lakeport, CA 95453
Phone: (707) 263-8841
The Adams Ashby Group provides the City of
Lakeport with support in administering and
delivering the city’s housing programs and
public infrastructure projects using CDBG,
HOME, and USDA funding for a total of $10
million dollars. In the most recent CDBG award,
we procured funding to complete a Planning
Technical Assistance Project to complete the
Forbes Street Neighborhood Study that is
currently underway. Throughout our work with
the City, we have provided the following: on-site
training for staff, update and submission of
program guidelines, complete environmental
documents, Section 3 implementation, project
reporting, and administration through closeout
and program audit with no Findings.
2010- CDBG: Neighborhood Improvement Study
2014- CDBG: Business Assistance Funds
2017- CDBG: Business Assistance
2018 – CDBG: Infrastructure Improvements
20-CDBG-CV 1 and 2/3: Community Center
2021 – CDBG: Economic Development
2022 – CDBG: Housing Planning Grant
CDBG Pi: Carnegie Hall and City Hall ADA Projects
CDBG-DR-MHP: Project Development – 2 Projects
County of Tehama
Tom Provine
Administrative Analyst
Direct: (530) 527-4655 x 3027
The County of Tehama is implementing multiple
CDBG contracts to support the construction of
the PATH Resource Center in the City of Red Bluff.
The project has used various CDBG awards from
the general cycle as well as the CDBG-CV
funding sources to complete the complex
project. The project has span the years from 2018-
2024 and is nearing completion. Adams Ashby
Group is has assisted the County in accessing
funding, navigating the complexities of subrecipient contracts, federal overlay requirements related to environmentals, labor compliance,
HUD Section 3, budget shortfalls, and project
changes.
Additionally, our team has assisted the County
with a planning grant and upcoming application
to support the Sky View Water District multi-million
dollar improvement project. The project has
been in the planning stages since 2014 and is
nearing the construction phase. The County is
committed to supporting the project and we are
looking forward to assisting the team in
implementation.
08-HOME-4709: FTHB/OOR Program
09-PTAG-6507: Planning Grant
10-STBG-6740: Housing Rehabilitation
18-CDBG-12935: PATH Resource Center
20-CDBG-CV1-00033: Economic Development
20-CDBG-CV2-3-00116: PATH Resource Center
2023-CDBG Parking Lot Project
City of King
Steve Adams
City Manager
Main Office: (209) 468-3175
Direct: (209) 468-3152
Fax: (209) 468-9575
We have worked with the City for over a period
of 7 years assisting with the implementation of
the various federal and state funding programs
to include a variety of infrastructure projects
and a Planning Study. Administration and
implementation of more than $5 million in
infrastructure projects including labor
compliance and other Federal overlay
requirements. We have prepared numerous
applications for funding under the CDBG
programs. We are currently assisting the city in
implementing the following funding:
20-CDBG-12002: Sidewalk Improvements
21-CDBG-PL-30009 Sewer Project Planning
2018 Park Bond Act Downtown Park Plaza
Community Project
Funding 2022 Downtown Street Scape
20-PLHA Funding Housing program/project
Labor Compliance Support on projects
W e provide project contracts on a flat rate monthly billing for the period of the project schedule. If additional w ork is requested, it would be billed on a Time and Materials basis using the above hourly rate schedule. No tra vel or additional charges are being proposed. All costs are included in the amounts provided in the cost proposal and hourly rate. General Administration would be billed for the full term of the contract with no delays or pausing. The final closeout billing would occur at the time of closeout for the contract or at the final ex penditure date. This cost covers all costs for closeout processes and audits.
All projects, programs, and awards will be proposed on project-by-project basis. For the current project under award, we would propose the following:
CDBG Contract (typical cost)
Project Administration and Implementation:
General Administration (including labor compliance): $4,000-5,500 per month (flat rate)* *All project costs are within the allowance of the grant funding (7%) Grant Application(s)
Grant applications will be negotiated prior to application preparation should the City wish to seek funding for future project(s)/Program(s). Application development and coordination vary depending on the funding source. Special reports, environmentals and other supportive analysis are excluded from the cost estimates provided below.
A list of standard applications is provided below for reference:
CDBG OTC Application: $5,000 - $8,500
CDBG Service Application: $3,000
HOME Program Applications: $3,500
HOME Project Applications: $12,500
Other Applications: $4,000 - $12,500
Other Services provided at additional costs:
Income Survey, Environmentals, other reports and assessments not included in the standard process of a contract, long term monitoring, portfolio management, etc. 2025 Cost Schedule Hourly Rate
Principal $125.00
Support Staff $85.00
F. Cost Proposal
As the City has received recent CDBG awards, and has other applications pending, we are providing an outline of our rates and standard costs based on the expected contracts.
G. Scope of Work
As outlined in the Request for Proposal, the City of Livingston is seeking assistance with the administration and implementation of their current and future CDBG funded projects and programs. Our firm is well qualified and ready to begin working on these contracts immediately to ensure the projects are implemented efficiently and responsibly.
Administration
Once funds are secured, grantees are responsible for complying with many conditions under the grant contract. Following these requirements strictly, will ensure your projects perform efficiently and within state/federal regulations. Projects and programs that are found to be out of compliance run the risk of not being eligible to reapply for grant funds in future years or even having to return funds to the State that may have already been spent. Below is a brief summary of the major tasks we would propose to assist your team in administering your CDBG grant contract.
Conduct all required public meetings and hearings
Most granting agencies require public hearings and meetings are held throughout the term of a grant agreement. These meetings are imperative to providing outreach to the community in the process of implementing state and federal funds. Our staff will ensure all notices are provided for publishing prior to deadlines and we will be available to attend, and lead hearings based on the needs of the City. Additionally, our team provides draft Council memorandum and draft resolutions (when required) to assist in training your team on the information needed and required to maintain citizen participation requirements. Many changes have been occurring at the State level regarding public outreach and affirmative marketing of programs.
Adams Ashby Group will assist you team in the development of the LEP (LIMITED ENGLISH PROFICIENCY) Requirements and implementation thereof to assure meeting HUD requirements.
Contract special conditions
Once the City has received an executed contract, staff will take the next steps in Clearing Conditions and submitting the General Conditions Clearance Process. This ensures that all special conditions are met to ensure compliance and funds are available in a timely manner.
Each agency requires its own specific conditions to be met dependent on the program or project. Our team has experience in a variety of requirements, which may include but not be limited to environmental compliance, project timelines, updated cost estimates, relocation plans, program and monitoring guidelines, and more. Additionally, we will stay in close contact with your state representative to ensure strong communication is maintained throughout project/program setup.
Program/Monitoring Guidelines
The City will be required to establish training and monitoring guidelines for the Subrecipients under the contract. We will update the current program to include the new 2 CFR Part 200 Regulations and we will work with each agency to review the updated manual and provide on-site training with each subrecipient to ensure compliance with CDBG, Federal and State regulations under the contract. Additionally, the City will be required to monitor the subrecipient during the term of the contract. The guidelines have established the process and provided the required forms and letters for implementation of this process. Adams Ashby Group
will attend the monitoring and assure staff is maintaining the required records through clearance.
Procurement
The contract provided will require various types of procurement. Adams Ashby Group possesses the necessary resources to fulfill this task for the City. We are aware of the stringent procurement processes that are involved with any state and federal funds and realize the importance of obtaining competitive bids for various projects. We have experience in a variety of procurement fields and will assist with the request for proposal, solicitations, advertisements, and any other procurement issue the City may require assistance.
Program Reporting
A variety of reports are required for compliance with CDBG. The reporting timelines are established on a quarterly, semi-annual and annual basis. Our firm will send out a reminder 15 days prior to the end of the reporting period to ensure late reports do not result. Review of the reports, completing of the reports, or a shared approach will be reviewed as part of our relationship- this will ensure the training process will occur if staff is not yet ready to complete this part of the grant program process. Understanding reports is critical in ensuring a complete management process as much of the data required is collected ongoing throughout the program cycle. We will work closely with your finance department to ensure all accounting is accurate and be a check and balance for this process.
Maintain all Fiscal Records
The City has the end responsibility of ensuring records and fiscal records are maintained and accurate. Adams Ashby Group will provide staff with a records system that will allow staff to manage these records. Additionally, we will keep a complete secondary set of records to ensure information is available upon request by the funding agency. Fiscal records will be requested and audited on a quarterly basis to ensure all financial data is accurate and recorded. We will additionally provide training and capacity building as needed.
Prepare Public Information File
Each funding source requires a document/recordkeeping system with specific files and forms to be available upon monitoring. It is critical these files are set up and managed from the beginning process – application through final close out. Maintenance of this system will ensure a smooth monitoring with the State or Federal agency. Additionally, the Federal Regulations require grant programs to be a public process. This includes the establishment and maintenance of a public information binder that is available to the public during regular office hours. Our team will work with staff to establish this binder for each program as required by the funding agency. As each program moves forward it is our goal to assist with the process and perform inspections of all required files to ensure consistency and accuracy.
Communication
With any grant program or project, it is critical to have strong coordination and clear communication between City staff and state/federal agencies. As your consultant, we will ensure that all parties involved will be clear of project logistics, tasks, responsibilities, and timelines. This coordination will allow City staff to stay abreast of all programs/projects, without devoting all of their time to such tasks. We work to ensure all emails are cc’d to appropriate
individuals, include staff on all correspondence with State and other agencies, and remain timely in our response.
Additionally, our team has developed strong relationships with many state and federal agencies throughout our professional careers. Having this background, will provide the City with an expertise of the intricacies of each program allowing for smoother projects and a bridge for communication should unforeseeable issues arise.
Oversee Equal Opportunity compliance
Each program requires compliance with equal opportunity laws to ensure discrimination has not occurred during the operation of a program. Adams Ashby Group will review all documents, advertising, and collect required data to adequately document compliance with the requirements.
Preparation of program records
Each funding source requires a document/recordkeeping system with specific files and forms to be available upon monitoring. It is critical these files are set up and managed from the beginning process – application through final close out. Maintenance of this system will ensure a smooth monitoring with the State or Federal agency. Additionally, the Federal Regulations require grant programs to be a public process. This includes the establishment and maintenance of a public information binder that is available to the public during regular office hours. Our team will work with staff to establish this binder for each program as required by the funding agency. As each program moves forward it is our goal to assist as necessary with the process and we will perform Inspection of all required files to ensure consistency and accuracy.
Upon grant expiration, we will also meet with your staff to review the grant closeout process and what the ongoing responsibilities of the City will be even though the grant is being close out. Such programs as CDBG require efficient record keeping for many years after the grant, as well as other requirements that will ensure your projects are maintained and serviced properly. Our firm will work with your staff and your current CDBG manual to make certain that each role is identified and CDBG expectations are being satisfied.
Monitoring and Audits
Our staff’s goal is to build your files so that they are always ready to be monitored by HCD/HUD.
We are well versed in all aspects on monitoring visits and have been a part of numerous of the past decades. Once the projects are completed, we do our own in-house audit of sorts that utilizes the HCD checklist so that you are in compliance before HCD visits you and reviews files.
We are also always available during the monitoring’s to be on-site to help this process go smoothly.
Implementation / Activity Delivery
The City is also looking for consulting services that relate to labor compliance and ensuring Davis Bacon requirements are met for your public improvement projects. These requirements are extremely important and we have a staff that is experienced in ensuring compliance and educating contractors/subcontractors of the requirements. Our goal is to assist these contractors in effectuating compliance to ensure the City is protected for future audits and scrutiny by the Department of Labor and Department of Industrial Relations.
Below we have provided a general scope of work:
• General Project Tasks
o Review/Obtain DIR and DOL wage rates and classifications for job o Conduct craft matching process and provide highest wage rate for payment to contractor/City for CDBG review
o Provide all required language for bid package and review all bid documents before publication
o Verifying Contractor and Sub contractor Eligibility
o Conduct Pre-Bid and Pre-Construction conference meeting and provide labor compliance job handbooks; Conduct training for Contractor and Subs o Communicate and coordinate with General Contractor to obtain all certificates and authorization documents for general and subs;
o Obtain Apprenticeship Program Certifications and Registration for General Contractor and all subs; This includes DIR and DOL Certifications and wage rates o Complete all required reports to CDBG;
o Maintain project file in compliance with funding sources; • Payroll Reviews and Statement of Compliance
o Obtain and review weekly certified payrolls
o Obtain and maintain all required reporting documents for the funding sources o Ensure compliance prior to payment
o Review construction logs and compare to payrolls submitted for compliance o Review interview data and compare to payrolls submitted o Verify Bona Fide Fringe Benefit plans and CAC payments • Reporting Documents
o Section 3 Reports and data collection
o Prepare Semi Annual Labor Standards Enforcement Reports o Final Wage Compliance Report
• Employee Interviews
o Conduct employee interviews as needed
o Mail interviews will also be used to collect trade/wage data from employees Over the years and working with multiple projects, we have developed a system of reporting to ensure compliance with each contractor. As payrolls and compliance documents are reviewed, we issue a Labor Compliance Report (LCR) that tracks the response for each item identified to be out of compliance. This ensures a tracking of each corrective action and response for audit purposes. This also communicates to the agency as well as the contract the issues that may slow payment for the project if not addressed.
We make ourselves available as necessary and provide trainings and resources to assist them in reaching compliance as quickly as possible. We have found this has assisted in let time to clear the issues when payment requests come in as it is well tracked and managed.
Another time saver during this process is meeting with the general and sub-contractor’s payroll staff at the pre-construction meeting. We request to schedule a time with these individuals prior to the construction project review to have an in-depth conversation and meet with the staff that will actually be working with the payroll process. This opens the lines of communication and sets forth the CDBG requirements at the beginning and with
the correct person. We have found this system engages everyone at the start of the project and helps sustain compliance during the course of the project. We are able to answer questions early and with the complexity of CDBG – we are able to advise them of the variances to other federal projects and avoid the non-compliance.
At the conclusion of the project, our team will audit the labor compliance files, provide tabbed sections for audit ease, and provide the checklist for the file. If the project is selected for an audit our team will be available to answer questions and provide information as requested. We have recently experienced three HUD/HCD audits in our program documents and have been found to be the exceptional standard in project management with no findings or concerns being identified.
I. Knowledge of the City of Livingston
Adams Ashby Group, Inc. has been fortunate to work with the City of Livingston for a number of years. We have worked on a variety of programs and programs with a specific emphasis on your CDBG program. The most recent grants were administered on your behalf were for the following:
20-CDBG-12003 Sewer Line Improvement Project
Our team believes we have developed a well working relationship with your staff and provide an assistance that is beneficial to your team in developing grant applications, managing reports, preparing staff reports and hearing notices, attending Council meetings when required and much more. Our goal is to continue this process with your team for the future projects and programs that have been funded or are pending funding approval. We our confident that we bring a level of expertise unmatched in our field to CDBG projects to help your community ensure funds are expended efficiently and timely.
CITY OF LIVINGSTON
CONTRACT PROFESSIONAL SERVICES AGREEMENT
THIS CONTRACT PROFESSIONAL SERVICES AGREEMENT (herein “Agreement”) is made and entered into on June________, 2025, by and between the CITY OF LIVINGSTON, a municipal corporation (“City”) and Adam Ashby Group, Inc. (herein “Consultant”).
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.
1.3 California Labor Law. If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.
1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.
1.5 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
2. COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference.
2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement,
Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.
3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions,
riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.1 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding 5 (five) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
4. COORDINATION OF WORK
4.1 Representative of Consultant. Paul Ashby is hereby designated as the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, and shall keep City informed of any changes.
4.2 Contract Officer. Jose A. Ramirez [or such person as may be designated by the City Manager] is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Contract Officer”).
4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.
4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City.
5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages. Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any
time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with 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 noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. 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 Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for 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. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.
6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.
6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, 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 Consultant gives the City notice of such court order or subpoena.
(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify the City should Consultant 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. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.
6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder.
Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. section 101, such documents and materials are hereby deemed “works made for hire” for the City.
7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Monterey, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Northern District of California.
7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.
7.3 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory
claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.4 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit “C”. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.5 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
8. MISCELLANEOUS
8.1 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class
8.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Livingston, 1416 C Street, Livingston, CA 95334, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement.
Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
8.4 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.
8.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
8.7 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.
8.8 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
8.9 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
8.10 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
8.11 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[Signatures On The Following Page]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF LIVINGSTON, a municipal
corporation
Jose A. Ramirez, City Manager
ATTEST:
Monica Cisneros, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Roy C. Santos, City Attorney
CONSULTANT:
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’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 CONSULTANT’S BUSINESS ENTITY.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF MONTEREY
On __________, 2020 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(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
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. □
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF MONTEREY
On __________, 2020 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(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
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. □
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EXHIBIT “A”
SCOPE OF SERVICES
G. Scope of Work
As outlined in the Request for Proposal, the City of Livingston is seeking assistance with the administration and implementation of their current and future CDBG funded projects and programs. Our firm is well qualified and ready to begin working on these contracts immediately to ensure the projects are implemented efficiently and responsibly.
Administration
Once funds are secured, grantees are responsible for complying with many conditions under the grant contract. Following these requirements strictly, will ensure your projects perform efficiently and within state/federal regulations. Projects and programs that are found to be out of compliance run the risk of not being eligible to reapply for grant funds in future years or even having to return funds to the State that may have already been spent. Below is a brief summary of the major tasks we would propose to assist your team in administering your CDBG grant contract.
Conduct all required public meetings and hearings
Most granting agencies require public hearings and meetings are held throughout the term of a grant agreement. These meetings are imperative to providing outreach to the community in the process of implementing state and federal funds. Our staff will ensure all notices are provided for publishing prior to deadlines and we will be available to attend, and lead hearings based on the needs of the City. Additionally, our team provides draft Council memorandum and draft resolutions (when required) to assist in training your team on the information needed and required to maintain citizen participation requirements. Many changes have been occurring at the State level regarding public outreach and affirmative marketing of programs.
Adams Ashby Group will assist you team in the development of the LEP (LIMITED ENGLISH PROFICIENCY) Requirements and implementation thereof to assure meeting HUD requirements.
Contract special conditions
Once the City has received an executed contract, staff will take the next steps in Clearing Conditions and submitting the General Conditions Clearance Process. This ensures that all special conditions are met to ensure compliance and funds are available in a timely manner.
Each agency requires its own specific conditions to be met dependent on the program or project. Our team has experience in a variety of requirements, which may include but not be limited to environmental compliance, project timelines, updated cost estimates, relocation plans, program and monitoring guidelines, and more. Additionally, we will stay in close contact with your state representative to ensure strong communication is maintained throughout project/program setup.
Program/Monitoring Guidelines
The City will be required to establish training and monitoring guidelines for the Subrecipients under the contract. We will update the current program to include the new 2 CFR Part 200 Regulations and we will work with each agency to review the updated manual and provide on-site training with each subrecipient to ensure compliance with CDBG, Federal and State regulations under the contract. Additionally, the City will be required to monitor the subrecipient during the term of the contract. The guidelines have established the process and provided the required forms and letters for implementation of this process. Adams Ashby Group
will attend the monitoring and assure staff is maintaining the required records through clearance.
Procurement
The contract provided will require various types of procurement. Adams Ashby Group possesses the necessary resources to fulfill this task for the City. We are aware of the stringent procurement processes that are involved with any state and federal funds and realize the importance of obtaining competitive bids for various projects. We have experience in a variety of procurement fields and will assist with the request for proposal, solicitations, advertisements, and any other procurement issue the City may require assistance.
Program Reporting
A variety of reports are required for compliance with CDBG. The reporting timelines are established on a quarterly, semi-annual and annual basis. Our firm will send out a reminder 15 days prior to the end of the reporting period to ensure late reports do not result. Review of the reports, completing of the reports, or a shared approach will be reviewed as part of our relationship- this will ensure the training process will occur if staff is not yet ready to complete this part of the grant program process. Understanding reports is critical in ensuring a complete management process as much of the data required is collected ongoing throughout the program cycle. We will work closely with your finance department to ensure all accounting is accurate and be a check and balance for this process.
Maintain all Fiscal Records
The City has the end responsibility of ensuring records and fiscal records are maintained and accurate. Adams Ashby Group will provide staff with a records system that will allow staff to manage these records. Additionally, we will keep a complete secondary set of records to ensure information is available upon request by the funding agency. Fiscal records will be requested and audited on a quarterly basis to ensure all financial data is accurate and recorded. We will additionally provide training and capacity building as needed.
Prepare Public Information File
Each funding source requires a document/recordkeeping system with specific files and forms to be available upon monitoring. It is critical these files are set up and managed from the beginning process – application through final close out. Maintenance of this system will ensure a smooth monitoring with the State or Federal agency. Additionally, the Federal Regulations require grant programs to be a public process. This includes the establishment and maintenance of a public information binder that is available to the public during regular office hours. Our team will work with staff to establish this binder for each program as required by the funding agency. As each program moves forward it is our goal to assist with the process and perform inspections of all required files to ensure consistency and accuracy.
Communication
With any grant program or project, it is critical to have strong coordination and clear communication between City staff and state/federal agencies. As your consultant, we will ensure that all parties involved will be clear of project logistics, tasks, responsibilities, and timelines. This coordination will allow City staff to stay abreast of all programs/projects, without devoting all of their time to such tasks. We work to ensure all emails are cc’d to appropriate
individuals, include staff on all correspondence with State and other agencies, and remain timely in our response.
Additionally, our team has developed strong relationships with many state and federal agencies throughout our professional careers. Having this background, will provide the City with an expertise of the intricacies of each program allowing for smoother projects and a bridge for communication should unforeseeable issues arise.
Oversee Equal Opportunity compliance
Each program requires compliance with equal opportunity laws to ensure discrimination has not occurred during the operation of a program. Adams Ashby Group will review all documents, advertising, and collect required data to adequately document compliance with the requirements.
Preparation of program records
Each funding source requires a document/recordkeeping system with specific files and forms to be available upon monitoring. It is critical these files are set up and managed from the beginning process – application through final close out. Maintenance of this system will ensure a smooth monitoring with the State or Federal agency. Additionally, the Federal Regulations require grant programs to be a public process. This includes the establishment and maintenance of a public information binder that is available to the public during regular office hours. Our team will work with staff to establish this binder for each program as required by the funding agency. As each program moves forward it is our goal to assist as necessary with the process and we will perform Inspection of all required files to ensure consistency and accuracy.
Upon grant expiration, we will also meet with your staff to review the grant closeout process and what the ongoing responsibilities of the City will be even though the grant is being close out. Such programs as CDBG require efficient record keeping for many years after the grant, as well as other requirements that will ensure your projects are maintained and serviced properly. Our firm will work with your staff and your current CDBG manual to make certain that each role is identified and CDBG expectations are being satisfied.
Monitoring and Audits
Our staff’s goal is to build your files so that they are always ready to be monitored by HCD/HUD.
We are well versed in all aspects on monitoring visits and have been a part of numerous of the past decades. Once the projects are completed, we do our own in-house audit of sorts that utilizes the HCD checklist so that you are in compliance before HCD visits you and reviews files.
We are also always available during the monitoring’s to be on-site to help this process go smoothly.
Implementation / Activity Delivery
The City is also looking for consulting services that relate to labor compliance and ensuring Davis Bacon requirements are met for your public improvement projects. These requirements are extremely important and we have a staff that is experienced in ensuring compliance and educating contractors/subcontractors of the requirements. Our goal is to assist these contractors in effectuating compliance to ensure the City is protected for future audits and scrutiny by the Department of Labor and Department of Industrial Relations.
Below we have provided a general scope of work:
• General Project Tasks
o Review/Obtain DIR and DOL wage rates and classifications for job o Conduct craft matching process and provide highest wage rate for payment to contractor/City for CDBG review
o Provide all required language for bid package and review all bid documents before publication
o Verifying Contractor and Sub contractor Eligibility
o Conduct Pre-Bid and Pre-Construction conference meeting and provide labor compliance job handbooks; Conduct training for Contractor and Subs o Communicate and coordinate with General Contractor to obtain all certificates and authorization documents for general and subs;
o Obtain Apprenticeship Program Certifications and Registration for General Contractor and all subs; This includes DIR and DOL Certifications and wage rates o Complete all required reports to CDBG;
o Maintain project file in compliance with funding sources; • Payroll Reviews and Statement of Compliance
o Obtain and review weekly certified payrolls
o Obtain and maintain all required reporting documents for the funding sources o Ensure compliance prior to payment
o Review construction logs and compare to payrolls submitted for compliance o Review interview data and compare to payrolls submitted o Verify Bona Fide Fringe Benefit plans and CAC payments • Reporting Documents
o Section 3 Reports and data collection
o Prepare Semi Annual Labor Standards Enforcement Reports o Final Wage Compliance Report
• Employee Interviews
o Conduct employee interviews as needed
o Mail interviews will also be used to collect trade/wage data from employees Over the years and working with multiple projects, we have developed a system of reporting to ensure compliance with each contractor. As payrolls and compliance documents are reviewed, we issue a Labor Compliance Report (LCR) that tracks the response for each item identified to be out of compliance. This ensures a tracking of each corrective action and response for audit purposes. This also communicates to the agency as well as the contract the issues that may slow payment for the project if not addressed.
We make ourselves available as necessary and provide trainings and resources to assist them in reaching compliance as quickly as possible. We have found this has assisted in let time to clear the issues when payment requests come in as it is well tracked and managed.
Another time saver during this process is meeting with the general and sub-contractor’s payroll staff at the pre-construction meeting. We request to schedule a time with these individuals prior to the construction project review to have an in-depth conversation and meet with the staff that will actually be working with the payroll process. This opens the lines of communication and sets forth the CDBG requirements at the beginning and with
the correct person. We have found this system engages everyone at the start of the project and helps sustain compliance during the course of the project. We are able to answer questions early and with the complexity of CDBG – we are able to advise them of the variances to other federal projects and avoid the non-compliance.
At the conclusion of the project, our team will audit the labor compliance files, provide tabbed sections for audit ease, and provide the checklist for the file. If the project is selected for an audit our team will be available to answer questions and provide information as requested. We have recently experienced three HUD/HCD audits in our program documents and have been found to be the exceptional standard in project management with no findings or concerns being identified.
I. Knowledge of the City of Livingston
Adams Ashby Group, Inc. has been fortunate to work with the City of Livingston for a number of years. We have worked on a variety of programs and programs with a specific emphasis on your CDBG program. The most recent grants were administered on your behalf were for the following:
20-CDBG-12003 Sewer Line Improvement Project
Our team believes we have developed a well working relationship with your staff and provide an assistance that is beneficial to your team in developing grant applications, managing reports, preparing staff reports and hearing notices, attending Council meetings when required and much more. Our goal is to continue this process with your team for the future projects and programs that have been funded or are pending funding approval. We our confident that we bring a level of expertise unmatched in our field to CDBG projects to help your community ensure funds are expended efficiently and timely.
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
EXHIBIT “C”
SCHEDULE OF COMPENSATION
W e provide project contracts on a flat rate monthly billing for the period of the project schedule. If additional w ork is requested, it would be billed on a Time and Materials basis using the above hourly rate schedule. No tra vel or additional charges are being proposed. All costs are included in the amounts provided in the cost proposal and hourly rate. General Administration would be billed for the full term of the contract with no delays or pausing. The final closeout billing would occur at the time of closeout for the contract or at the final ex penditure date. This cost covers all costs for closeout processes and audits.
All projects, programs, and awards will be proposed on project-by-project basis. For the current project under award, we would propose the following:
CDBG Contract (typical cost)
Project Administration and Implementation:
General Administration (including labor compliance): $4,000-5,500 per month (flat rate)* *All project costs are within the allowance of the grant funding (7%) Grant Application(s)
Grant applications will be negotiated prior to application preparation should the City wish to seek funding for future project(s)/Program(s). Application development and coordination vary depending on the funding source. Special reports, environmentals and other supportive analysis are excluded from the cost estimates provided below.
A list of standard applications is provided below for reference:
CDBG OTC Application: $5,000 - $8,500
CDBG Service Application: $3,000
HOME Program Applications: $3,500
HOME Project Applications: $12,500
Other Applications: $4,000 - $12,500
Other Services provided at additional costs:
Income Survey, Environmentals, other reports and assessments not included in the standard process of a contract, long term monitoring, portfolio management, etc. 2025 Cost Schedule Hourly Rate
Principal $125.00
Support Staff $85.00
F. Cost Proposal
As the City has received recent CDBG awards, and has other applications pending, we are providing an outline of our rates and standard costs based on the expected contracts.
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
Firm’s Qualifications
Purpose
The qualifications detailed in this proposal ensure that the selection of Self-Help Enterprises (SHE) as the City of Livingston’s (City) consultant for housing grant administration will enable the timely, cost-effective, and coordinated preparation of grant applications, grant administration, and grant implementation, while maintaining compliance with Federal and State grant program requirements. Services include: grant writing and grant administration/implementation of the City’s First-Time Homebuyer Programs, Housing Rehabilitation Programs, and/or other programs/projects that may fall under SHE’s organizational scope of work and be desired by the City, using funds secured through Federal, State, and local funding sources such as the Community Development Block Grant (CDBG) Program, HOME Investment Partnerships (HOME) Program, Permanent Local Housing Allocation (PLHA) Program, CalHome Program, Housing Preservation Grants (HPG) and other funding sources.
History
Self-Help Enterprises (SHE) is a nationally recognized housing and community development nonprofit organization whose mission is to work together with low-income families to build and s ustain h ealthy homes and communities. As the pioneer and leading provider of mutual self-help housing in the United States, SHE’s current efforts span a broad range of initiatives serving farmworkers, low-income seniors, unhoused individuals, and other hardworking families. Since its founding in 1965, SHE has helped more than 6,500 families build their own homes, rehabilitated over 7,000 unsafe homes, developed over 3,000 units of affordable rental housing, and provided technical assistance for reliable access to safe drinking water and sanitary sewer infrastructure to over 33,600 households in 175 small communities throughout the San Joaquin Valley.
SHE has a proven track record of managing grants from multiple sources, including HUD, USDA, and the State of California. SHE currently administers over 80 program contracts (housing rehab and FTHB) funded by CDBG, CalHome, Permanent Local Housing Allocation (PLHA) and HOME throughout communities in Fresno, Kern, Kings, Madera, Merced, Stanislaus, Mariposa, San Joaquin, and Tulare Counties. Our staff's deep knowledge of cost-effective management methods and extensive experience in fiscal and federal grant management has been instrumental in the success of these programs. Our experience includes working with various financing programs such as Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Permanent Local Housing Allocation (PLHA), Manufactured Housing Opportunity & Revitalization (MORE), USDA Housing Preservation Grants, USDA Section 502, 504, 514, 515, 521 and 533 funds, CalHFA financing, bank financing, Affordable Housing Program (AHP) and the Low-Income Housing Tax Credit Program (LIHTC). We have met all performance measures and financial requirements for these resources, demonstrating our ability to manage complex funding streams effectively (see Exhibit C – List of Jurisdictions).
As a HUD-certified counseling agency, SHE welcomes community members to i ts i n-house Gateway Program, offering educational and counseling services to equip them with the tools and resources needed to meet their financial and sustainable homeownership goals. The program will help them qualify for reduced rates or mortgage insurance with some lenders, and for USDA, CalHFA, City and County
homebuyer assistance programs. SHE has provided 2,266 first-time homebuyer assistance loans outside of our mutual self-help housing program.
SHE has also established itself as the lead agency for providing Emergency Preparedness and Services throughout the Valley, providing services to over 11,000 households since 2015. Our continued commitment to building community capacity includes providing resources and training that cultivate effective leaders and promote collaborative solutions for community improvement. These combined efforts have touched the lives of nearly 70,000 families, providing security and stability and building strong, healthy, and sustainable communities.
In 2001, SHE joined the NeighborWorks® America network, an esteemed nationwide collaboration consisting of over 240 community-based organizations across all 50 states. Together, we champion the creation of vibrant and healthy communities, uniting thousands of residents, government officials and other dedicated partners. In 2015, SHE partnered with NeighborWorks® America and Wells Fargo Bank to implement the HomeLIFT Program in the Central Valley. This initiative provided low- to moderate-income homebuyers with $15,000 down payment assistance grants. The HomeLIFT Program has made a significant impact, allowing SHE to provide assistance to 219 new homeowners.
In 2009, SHE was named Homebuilder of the Year by the Home Builders Association of Tulare and Kings County. Further, in 2014 the CA Partnership for the San Joaquin Valley awarded SHE with an Excellence in Sustainable Planning Award and in 2015, the U.S. Department of Agriculture (USDA) awarded SHE with the USDA RD Excellence in Partnership Award. In 2022, SHE was the recipient of the San Joaquin Valley Blueprint Award of Excellence for Sequoia Commons, a multi-family affordable housing development in Goshen, CA. In 2023, SHE was recognized as a Top 50 Affordable Housing Developer of 2022 by Affordable Housing Finance, a national publication.
As the impact of the drought continues to affect families throughout the Central San Joaquin Valley, SelfHelp Enterprises has become a major provider of drought relief solutions. SHE is currently working with the counties of Fresno, Kern, Kings, Madera, Mariposa, Merced, San Joaquin, Stanislaus, and Tulare to provide temporary and permanent solutions for families who have water wells that have run dry due to the drought.
Self-Help Enterprises is committed to dealing responsibly, cooperatively, and ethically with participants, communities, and funding agencies (see Attachment A, SHE’s Statement of Values). The dedication of SHE staff is evidenced by the fact that the average SHE staff member has been with the organization for 9 years.
Experience
LOAN AND CONSTRUCTION EXPERIENCE
Self-Help Enterprises has considerable loan experience, with a history of providing services that meet Federal, State, and local regulations including tasks such as determining income and property eligibility and all phases of loan processing. This experience is evidenced by the thousands of San Joaquin Valley residents SHE has assisted.
Self-Help Enterprises’ construction experience includes the following construction completions from 1965 through April 2025:
• SHE has repaired and rehabilitated 7,056 homes;
• SHE has provided affordable financing to 2,324 first-time homebuyers; • SHE has built 6,662 new single-family homes;
• SHE has developed 62 multifamily housing projects containing 2,941 units; and • SHE has aided community utility districts in providing 34,784 sewer and water connections throughout the Valley.
In a proactive pursuit of promoting affordable housing, SHE expanded its services to include acquisition of existing housing stock in need of repairs, and acquisition of vacant single-family infill lots. SHE works with local agencies through a variety of methods to facilitate the purchase, rehabilitation and construction of affordable housing within established neighborhoods, with subsequent resale to low-income families.
Since 1994, 34 homes have been rehabilitated or constructed and sold through this initiative.
Self-Help Enterprises is a licensed contractor (license number 258724; classification B) in good standing with the State of California (see Exhibit B, SHE’s Contractor Certification).
GRANT WRITING EXPERIENCE
SHE has a proven track record of effectively managing grants from a variety of sources, including HUD, USDA, and the State of California. Beyond housing programs, SHE’s experience encompasses public service and infrastructure projects spanning nine counties in the San Joaquin Valley (Fresno, Kern, Kings, Madera, Mariposa, Merced, San Joaquin, Stanislaus, and Tulare). SHE has prepared 638 successful grant applications for housing programs, 50 public services, and 33 infrastructure projects.
SHE has a proven track record of effectively managing grants from a variety of sources, including HUD, USDA, and the State of California. SHE currently administers over 90 program contracts (Housing Rehabilitation, First-Time Homebuyer, and Accessory Dwelling Unit) funded by Community Development Block Grant (CDBG), CalHome, Permanent Local Housing Allocation (PLHA), HOME Investment Partnerships Program (HOME), and USDA Housing Preservation Grant (HPG) funds in 23 local jurisdictions across the 9-county service area. In addition, SHE has also administered 22 CDBG-CV Programs for COVID19 pandemic-related Subsistence Payments and Business Assistance in Merced, Fresno, Tulare, Kings, and Kern Counties.
SHE’s Community Development (CD) Department has over 45 years of experience providing technical assistance to small rural communities for their water and wastewater infrastructure, including completing funding applications for the State Water Resources Control Board (SWRCB) Drinking Water State Revolving Fund (DWSRF), SWRCB Clean Water State Revolving Fund (CWSRF), USDA’s Water & Waste Disposal Loan & Grant Program, and the Department of Water Resources (DWR) Small Community Drought Relief Program. The CD Department is currently contracted with the SWRCB to provide technical assistance through two grants under the Safe and Affordable Fund for Equity and Resilience (SAFER) Program (approximately $40 million) and the Septic to Sewer (S2S) Program (approximately $9 million) for nearly 200 communities across SHE’s service area. Additionally, direct contracts are executed with small water districts, mutual water companies, cities, and counties to provide grant administration on a number of planning and construction funding agreements from SWRCB, USDA, and DWR. In 2022, SHE leveraged approximately $14 in construction funding per dollar in technical assistance provided for water projects and $27 in construction funding per dollar for wastewater projects.
EXPERIENCE WORKING IN THE CITY OF LIVINGSTON
SHE has worked with the City of Livingston since 1991. During that time, SHE has written and implemented one CalHome grant for mortgage assistance/owner-occupied rehab, three HOME grants for first-time homebuyer/owner-occupied rehab, one CDBG grant for a homeownership development project, and three CDBG grants for pandemic-related assistance. SHE is currently contracted to provide Loan Portfolio Management services for the City of Livingston, which stands at 19 loans as of May 2025. SHE has also partnered with the City to develop a multifamily community, Casitas del Sol, which was completed in 2001.
In Merced County, SHE has rehabilitated 298 owner-occupied homes, provided downpayment assistance to 264 first-time homebuyers, provided 1,311 households with homebuyer education, assisted 884 families through SHE’s Mutual Self-Help Housing Program, built 2 multifamily projects containing 100 units, and provided 5,262 households with water and sewer connections.
References
Jurisdiction: City of Woodlake
Contact name: Emmanuel Llamas, Community Development Director Contact info: [email protected] / 559-564-8055 Duration of partnership: Since 1979
Services provided: First-Time Homebuyer Program, Owner-Occupied Rehab Program, Water/Sewer Line Improvements
Jurisdiction: City of Tulare
Contact name: Alexis Costales, Housing and Grant Manager Contact info: [email protected] / 559-684-4224
Duration of partnership: Since 1993
Services provided: First-Time Homebuyer Program, Owner-Occupied Rehab Program, Manufactured Housing Program, Homeownership Development (new construction), Multifamily development
Jurisdiction: City of Arvin
Contact name: Christine Viterelli, Grants Manager
Contact info: [email protected] / 661-854-2822
Duration of partnership: Since 2019
Services provided: Owner-Occupied Rehab Program, Subsistence Program, Accessory Dwelling Units Program, Navigation Center administration
Approach and Availability
1. SHE RESPONSIBILITY – GRANT WRITING/APPLICATION PREPARATION: SHE shall provide all technical assistance necessary to prepare the City of Livingston’s (City) grant applications in response to NOFAs (Notice of Funding Availability) released by California Department of Housing and Community Development (HCD) for CDBG, HOME, CalHome, PLHA, and other potential funding sources as they become available over the next three years, as directed by the City. This assistance includes gathering and compiling source data, preparing required documentation, and submitting final products to HCD.
2. SHE RESPONSIBILITY – ACTIVITY IMPLEMENTATION: SHE shall assist households, community buildings, and facility sites in PROJECT/PROGRAM area in accordance with PROJECT/PROGRAM guidelines and goals, as adopted by CITY, through the following activities:
a. Applicant Selection:
(1) Provide outreach services to ensure community awareness and encourage participation of eligible applicants;
(2) Determine eligibility of applicants; and
(3) Provide homebuyer education as needed for qualified applicants in accordance with PROJECT guidelines.
b. Loan/Grant Packaging:
(1) Review loan and/or grant applications as submitted; (2) Submit property to Housing Rehab Manager/Community Development Manager for inspection, as needed. Inspect the prospective homes/project sites and determine eligibility and acceptability of properties selected by applicants; (3) Prepare loan and/or grant documents on qualified applicants; (4) Submit completed loan and/or grant document package to City for approval in conformance with PROJECT guidelines;
(5) Prepare all loan closing documents and ensure proper closing; and (6) Transfer original participant files to City, or contracted loan portfolio manager, upon completion and closeout of each loan and/or grant package.
c. Construction Monitoring:
(1) Inspect applicants’ homes/project sites, recommend type of work to be performed, and prepare work write-ups and necessary plans to accomplish that work;
(2) Assist owners to obtain bids from, and select, qualified contractors to perform City-authorized work;
(3) Monitor the work of authorized contractors and subcontractors and verify completion of work prior to payment; and
(4) Assist owners to secure labor and material repairs from contractor responsible for construction defects for one year from date of recorded Notice of Completion.
3. SHE RESPONSIBILITY – GRANT ADMINISTRATION:
a. Prepare and submit the general grant set-up package to the appropriate agency (guideline preparation, environmental review, and submittal of other required documents as required by the funding source);
b. Provide the City with necessary technical assistance to implement and administer all Grant Agreements;
c. Provide reports to the City on progress and performance of grant budgets included in Grant Agreements or approved amendments, upon request; d. Prepare and submit all required reports and funds requests as outlined in Grant Agreements;
e. Prepare and maintain public information binders, as required; and f. Prepare and retain all pertinent records and documents sufficient to reflect all charges submitted. Retain such records and documents for a period of five (5) years from the date of final payment.
4. CITY RESPONSIBILITY: CITY shall be responsible to:
a. Review and approve loan and/or grant document packages for applicants who are determined by SHE to be qualified for assistance in accordance with the PROJECT guidelines in effect at the time of document approval;
b. Service loans upon completion of PROJECT, if applicable; and c. Verify all records/documents and monitor/evaluate the activities of SHE to ensure compliance with the terms of this Agreement.
5. OUTREACH
Should the City receive funding for First-Time Homebuyer Program and/or OwnerOccupied Housing Rehabilitation Assistance Programs, marketing efforts will be conducted in a manner that will reach residents within City limits.
All outreach efforts related to the First-Time Homebuyer Program & OwnerOccupied Housing Rehabilitation Assistance Program are publicized in both English and Spanish. All marketing materials are widely distributed and include information identifying the commitment to fair housing laws and affirmative marketing policy. Equal opportunity is emphasized in written materials and oral presentations.
Forms of marketing may include fliers, brochures, newspaper ads, articles, websites, social media, and public service announcements. Fliers and brochures are distributed at local government buildings and other public offices, through the mail, to businesses and/or organizations that assist those not likely to apply without special outreach, as well as posted on the City’s and SHE’s website and social media pages. Advertisements and articles are published in newspapers that are widely circulated within the community.
Established working relationships with local lending agencies, real estate firms, and insurance agencies also aid in informing the public by facilitating the distribution of informational fliers to interested homeowners seeking funding for home repairs. Often, minimal formal outreach efforts are required as the need for assistance generally exceeds the funds available. However, marketing measures are actively performed in order to maintain healthy interest and waiting lists.
Characteristics on all applicants and participants are collected and compared to the local demographics. Should underserved segments of the population be identified, a plan to better serve them will be developed and implemented.
STAFF FUNCTION/AVAILABILITY
Program/Project Management
a. General Administration (approx. 440 hours per year of grant cycle) (1) Staff - General administration tasks are completed by the following staff positions:
(a) Program Director
(b) Assistant Director
(c) Administrative Analyst
(d) Fiscal Analyst
(2) Tasks include:
(a) Project invoices;
(b) Progress reports;
(c) Program-wide/Project-specific environmental reviews (NEPA docs, SHPO consultation);
(d) Monitoring;
(e) Marketing;
(f) Financial reports;
(g) Communication with City staff;
(h) Liaison with the State;
(i) Monitor milestone progress;
(j) Public Hearing documents/publications/attendance;
(k) Grant reports;
(l) Funds requests;
(m) Public information binders;
(n) Guidelines;
(o) Grant Set-up and Close-Out
b. Homebuyer Activity Delivery (approx. 48-52 hours per loan) (1) Staff - Homebuyer Activity Delivery tasks are completed by the following staff positions:
(a) Homebuyer Manager
(b) Loan Processor
(c) Homeownership Counselor
(d) Senior Housing Specialist
(e) Project Technician
(2) Tasks - Homebuyer Activity Delivery tasks will involve the following:
(a) Homebuyer Manager/Loan Processor/Counselor/Project Technician i. Outreach services to locate eligible applicants;
ii. Determine applicant qualifications;
iii. Prepare and record loan and grant documents;
iv. Attend Loan Review Committee meetings;
v. Wiring of funds;
vi. Conduct educational and individual counseling; and
vii. Loan file maintenance.
(b) Homebuyer Manager
i. File review;
Ii. Process participant funds requests and file closeouts; iii. Ensure all final documents are received from the Title Company; and
iv. Technical assistance.
c. Housing Rehabilitation/Project Management Activity Delivery (approx. 145-160 hours per loan/grant)
(1) Staff – Rehabilitation/Project Management Activity Delivery tasks are completed by the following staff positions:
(a) Rehabilitation Construction Manager/Loan Processor Manager (b) Rehabilitation Loan Processor
(c) Rehabilitation Construction Project Manager
(d) Assistant Project Manager
(e) Administrative Analyst
(f) Project Technician
(g) Community Development (CD) Manager
(2) Tasks – Rehabilitation Activity Delivery tasks will involve the following:
(a) Rehabilitation Manager/Loan Processor
i. Outreach services to locate eligible applicants;
ii. Work with liens and title insurance;
iii. Determine applicant qualifications;
iv. Prepare and record loan and grant documents;
v. Attend Loan Review Committee meetings; and
vi. Loan file maintenance.
(b) Rehabilitation Construction Manager/Project Manager/CD Manager i. Inspect dwellings and analyze deficiencies;
ii. Prepare work write-ups, cost estimates, bid documents, and drawings, as necessary;
iii. Conduct bid tours;
iv. Verify contractor eligibility;
v. Schedule jobs;
vi. Attend Loan Review Committee meetings;
vii. Supervise/monitor construction;
viii. Analyze contractor payments; and
ix. Coordinate with inspectors, contractors, and subcontractors. (c) Administrative Analyst/Fiscal Analyst
i. File review;
ii. Individual Environmental review;
iii. Funds requests;
iv. Technical assistance;
v. Participant file closeouts;
vi. Project invoicing
vii. Budget tracking
(d) Project Technician
i. Manage before/after photographs;
ii. Develop marketing materials; and
iii. Assist loan processors.
Record Keeping Systems
Self-Help Enterprises shall supply the City with all necessary reports and financial statements, as requested.
Housing Program Reports - Minimum reports provided are as follows:
a. Housing Program Status/Project Status Reports - Comprehensive housing program summary reports are produced to outline the status of work completed, homes rehabilitated, homes waiting for work to begin, loans/grants pending approval, loans/grants approved, interest list and nonparticipants. b. Financing and Leverage Reports - Financial reports detail expenditures of grant funds and document resources leveraged with other financing.
c. Participant Characteristics - SHE’s database system also produces reports which demonstrate the program’s efforts to comply with Fair Housing and Equal Opportunity requirements by listing characteristics of participant families such as ethnicity, income level, family size, female heads of household, and presence of elderly or disabled persons in the household. These characteristics are compared to the City’s demographic data and if any segments of the population are determined to be underserved, a plan to better serve them may be developed and implemented.
Additional reports available upon request include:
e. Participants with No Insurance – This report provides a summary of participants who have no insurance on file. Information is presented by funding source and includes participant name, address, and type of insurance needed. SHE utilizes this report as an internal portfolio management tool.
f. Payment Summary Report – This report shows a summary of payments received by funding source including loan number, participant name, address, phone number, payment amount, loan balance, date of last payment, and next payment due date. SHE utilizes this report as an internal portfolio management tool.
Files will be handled as follows:
a. Participant Files – SHE will maintain participant files at its offices until closure, after which they will be transferred to the City.
b. Administrative Files – All records and documents will be properly prepared and maintained to reflect all charges submitted to the City. Records will be kept for a minimum of five (5) years following grant closeout or final payment, whichever is later.
Pricing and Compensation
Self-Help Enterprises' (SHE) proposal for services will not exceed the maximum percentages available for administration and activity delivery (implementation), as permitted by the funding source and program activity or as negotiated if the funding source does not provide funds for General Administration. SHE does not charge a retainer fee for services, nor is a retaining fee required for additional services. Actual budgets and tasks may be negotiated after SHE has been selected and a contract has been awarded. Fees include a 120-day price guarantee.
A. GRANT WRITING
SHE will assist the City of Livingston (City) in the preparation and submission of funding applications under federal and/or state NOFAs for up to the maximum amount and number/type of activities per the applicable NOFA, as directed by the City. SHE’s annual per-activity application fee is $4,000 for housing program activities such as an owner-occupied rehabilitation program or a first-time homebuyer assistance program. SHE’s application fee for any other type of activity, such as public improvement or economic development, is $5,000 per activity. Due to annual increases in staffing costs, these fees may increase by up to 10% per year of the consulting contract. SHE will notify the City of any increases in application fees prior to initiating any work on a funding application. The below table provides an example of SHE’s proposed grant writing fees:
Year 1 Year 2 Year 3
Owner-Occupied Rehabilitation (CDBG) $4,000 $4,400 $4,840 Public Facility (CDBG) $5,000 $5,500 $6,050
Mortgage Assistance (CalHome) $4,000 $4,400 $4,840
Total $13,000 $14,300 $15,730
B. GENERAL ADMINISTRATION
The standard general administration (GA) fees for CDBG are $37,500 for a $500,000 housing activities budget, for HOME is $17,500 for a $700,000 grant, and for CalHome is $20,000 for a $1,000,000 grant.
These charges encompass comprehensive administrative services as detailed in this proposal. General Administration activities are for a three-year grant term and are performed primarily by an Administrative Analyst with oversight from the Program Director and/or Assistant Program Director. GA fees may increase up to the maximum GA percentage allowed under the NOFA for which an application is submitted.
C. ACTIVITY DELIVERY (IMPLEMENTATION)
Activity Delivery (Implementation) as outlined in the approved grant, will be invoiced at the maximum percentage allowed by the funding source, and shall not exceed the maximum allowable activity delivery percentage provided by the grant per activity. The project invoice will include supporting documentation such as financing approval records and an activity delivery calculations sheet, which are based on the financing amounts. Any funds not expended for this purpose will be made available for loans/grants.
Below are the starting hourly rates for staff positions that will be directly performing general admin or activity delivery tasks related to the City’s CDBG (or other) grants. Actual hourly rate of staff at the time of task performance may differ.
Staff Position Starting Hourly rate
Administrative Analyst $25.76
Assistant Director $48.57
Assistant Project Manager $19.22
Loan Processor $20.19
Manager $32.87
Project Manager $25.77
Specialist $25.77
Technician $16.60
D. FINANCING
1. Approved financing may include expenses such as title reports, appraisals, termite reports, and other items necessary to process the Rehabilitation or Homebuyer financing. These expenses serve to safeguard the City’s investment, provided they are allowed by the funding source.
2. Construction financing will be invoiced when the project is completed. Homebuyer financing will be invoiced when the loan funds are wired into escrow. These funds will be disbursed by SHE and are not considered compensation to SHE.
3. Should there be an unexpended balance after construction is completed or escrow closes, the amount is credited to the participant’s financing and unused funds returned to the City to assist other eligible households.
E. PAYMENT TERMS
1. SHE will invoice the City for grant services on a monthly basis for actual expenses. General Administration and Activity Delivery charges will be invoiced based on actual, eligible expenses incurred during the term of the consulting contract, not to exceed the budgeted amounts.
2. SHE shall submit its final invoice within thirty days following the expiration date of the Contract.
3. It is expected that the City will make payment to SHE within thirty days after receipt of the invoice.
Staff Assigned to Project
The following are key Self-Help Enterprises (SHE) personnel who may be assigned to provide support to the City of Livingston for grant writing, grant administration/implementation, and program/project oversight of CDBG funds as well as other funding sources that may become available.
Tom Collishaw, President/CEO
Mr. Collishaw became the organization’s fourth executive officer in July 2014. As President and CEO, he provides leadership to a respected organization which has received the prestigious Fresno Bee Excellence in Business Award. Mr. Collishaw is an acknowledged expert in federal financing programs including HOME, CDBG and the entire USDA Rural Development housing catalog.
Mr. Collishaw has been directly involved in the planning, financing, acquisition, site development, and construction of over 100 single family subdivisions, 4,000 homes, and 1,300 rental units. He has also been active in regulatory promulgation, housing policy, and advocacy at the national, state, and local levels.
An alumnus of Colgate University with a Bachelor of Arts degree, Mr. Collishaw is also a graduate of the NeighborWorks Achieving Excellence Program at the Harvard Kennedy School of Government. He serves as a board member of both the National Rural Housing Coalition and the California Community Reinvestment Corporation. Mr. Collishaw is also an active member of the Housing Element Task Force and the Land Use and Finance subcommittee of Housing California. (Staff time typically does not get charged to the grants of partner jurisdictions)
Betsy McGovern-Garcia, Vice President
Ms. McGovern-Garcia has over 20 years of experience in affordable housing development, including extensive project management experience, tax credit syndication, sustainability projects including solar PV and graywater, grant writing and financial underwriting, and construction design/management. While with the City of Tulare from 2006-2012, Ms. McGovern-Garcia obtained her LEED AP certification, facilitated various energy efficiency projects, and coordinated the cleanup of three brownfields sites with EPA funding. Ms. McGovern-Garcia also facilitated the development of over 600 units of affordable housing with the city as a lender in various projects. On behalf of the City of Tulare, Ms. McGovern-Garcia also coordinated a variety of affordable housing programs, including First-Time Homebuyer Assistance and single-family rehabilitation. Ms. McGovern-Garcia worked for the City of Visalia Natural Resource Conservation division from 2012-2014 and assisted with the design of the water conservation policy and community engagement plan, installation of 1.78 megawatts of solar PV, and extensive energy efficient improvements at three City facilities.
Since rejoining Self-Help Enterprises in 2014, the organization has been successful at constructing 758 new affordable housing units and completed the acquisition and substantial rehabilitation of 313 existing units, including two USDA 515 preservation projects. In 2023, Ms. McGovern-Garcia was promoted to Vice President at SHE and continues to provide oversight of land development activities. (Staff time typically does not get charged to the grants of partner jurisdictions.) Melissa Valdez, Assistant Director - Strategic Partnerships Mrs. Valdez joined Self-Help Enterprises in 2001 and has held a variety of positions within the organization.
As the Manager over the Housing Rehabilitation Program, Ms. Valdez was responsible for implementation of community outreach, final eligibility determinations, overseeing all activities related to loan approvals
and office systems, as well as serving as the liaison between lenders, title companies, and other program partners. In early 2023, Ms. Valdez became the Assistant Program Director of Strategic Partnerships under the Real Estate Development Division, taking on the responsibilities for all grant administration, partner relations, housing rehabilitation, single-family acquisition rehabilitation, accessory dwelling units, and long-term monitoring of non-SHE multi-family sites.
Craig Chew, Administrative Analyst - Strategic Partnerships Mr. Chew joined Self-Help Enterprises in 2022 after over 6 years with Habitat for Humanity of Tulare/Kings Counties, where he oversaw the organization’s grant administration, including CDBG-funded home repair programs in the Cities of Visalia and Tulare. Duties performed included application submission, grant/contract tracking, invoicing, reporting and correspondence with funding entities. Mr. Chew will be responsible for grant writing, grant management/monitoring, fiscal reports, budget monitoring, record keeping, labor compliance, program and project environmental reviews, partner relations, communication with HCD staff, interpretation of regulations and procedure development. Mr. Chew holds a bachelor’s degree in business administration from Azusa Pacific University.
Terry Solis, Administrative Analyst – Strategic Partnerships In 2024, Terry Solis (she/her) became a part of the Self-Help Enterprises team, bringing her expertise to a variety of grant-related tasks. Her responsibilities include grant writing and management, budget and fiscal report oversight, and environmental review for projects. Ms. Solis is skilled in record keeping, tracking applications and contracts, handling invoicing, and reporting. She excels in building partnerships, effective communication with HCD staff, interpreting regulations, and creating efficient administrative procedures.
Ms. Solis will be responsible for grant writing, grant management/monitoring, fiscal reports, budget monitoring, record keeping, labor compliance, program and project environmental reviews, partner relations, communication with HCD staff, interpretation of regulations and procedure development. Ms.
Solis holds a bachelor’s degree in social work from Pacific University, further enriching her contribution to the organization.
Laura Fisher, Administrative Analyst – Strategic Partnerships Ms. Fisher (she/her) joined Self-Help Enterprises in 2024 after 7 years with the Kings/Tulare Homeless Alliance where she held a number of positions including Administrative Assistant, Community Engagement Coordinator, Program Manager, Grants Director, and Executive Director of Operations. Ms. Fisher has experience in federal, state, and local grant submission and management, budget development, and financial management. Ms. Fisher will be responsible for grant writing, grant management/monitoring, fiscal and activity reports, budget monitoring, record keeping, labor compliance, program and project environmental reviews, partner relations, communication with HCD staff, and interpretation of regulations and procedure development.
Liz Vidrio, Administrative Analyst – Strategic Partnerships Mx. Vidrio joined Self- Help Enterprises in 2024, after 15 years in residential real estate management and corporate finance. Mx. Vidrio has experience in HUD contract management, team management, auditing, financial analytics, oversite, management and reporting, optimizing cash flow, IRS compliance, housing compliance, implementing training programs, and billing. Mx. Vidrio will be responsible for grant writing, grant management/monitoring, fiscal and activity reports, budget monitoring, record keeping, labor
compliance, program and project environmental reviews, partner relations, communication with HCD staff, and interpretation of regulations and procedure development.
Patty Garcia, Fiscal Analyst – Strategic Partnerships
Ms. Garcia Joined Self-Help Enterprises in 2009, serving in the Foreclosure Counseling department before leaving in 2012 to start a family. In 2019, Patty returned to SHE as a loan processor for Housing Rehabilitation. In her current role, Ms. Garcia processes the invoicing and the fiscal oversight of grants including budget monitoring and financial reporting. Ms. Garcia holds two bachelor's degrees in Spanish and criminal justice from California State University, Sacramento.
Lupe Felix, Manager-Loan Processing – Housing Rehabilitation Ms. Felix joined the Housing Rehabilitation team after over 20 years of experience in SHE’s Mutual SelfHelp Housing Department where she assisted countless low-income families fulfil their dream of homeownership. In her new role, Lupe implements rehab programs and leads a team that works with residents in need of critical health and safety repairs to their owner-occupied homes. Ms. Felix is fluent in English and Spanish.
Karla Gutierrez, Loan Processor - Housing Rehabilitation Ms. Gutierrez joined Self-Help Enterprises in 2021. Her duties include processing applications, package financing for participants, implement outreach activities, conduct budget counseling, analyzes financial data to determine eligibility for grant and/or loan programs, and functions as a primary liaison for participants. Ms. Gutierrez is fluent in English and Spanish.
Cynthia Solis, Loan Processor – Housing Rehabilitation
Ms. Solis joined Self-Help Enterprises in 2024. Her duties include processing applications, package financing for participants, implement outreach activities, conduct budget counseling, analyzes financial data to determine eligibility for grant and/or loan programs, and function as a primary liaison for participants. Ms. Solis is fluent in English and Spanish.
Irma Wheeler, Project Technician - Housing Rehabilitation Mrs. Wheeler joined Self-Help Enterprises in 2021. Her duties include supporting the Rehab team with participant intake. Mrs. Wheeler also assists with screening applicants, reviewing, and gathering all required application documents for the loan processor. Mrs. Wheeler is fluent in English and Spanish
Gerardo Gomez, Senior Project Manager - Housing Rehabilitation Mr. Gomez joined Self-Help Enterprises in 1999 with over 22 years of experience working with professional building contractors, assisting them with contract management and purchase of construction materials.
He is responsible for the pre-inspection of dwellings, analysis of deficiencies, preparation of work writeups, cost estimates and bid documents, and preparation of drawings as necessary. Mr. Gomez orders materials, schedules projects, supervises construction, authorizes contractor payments, and coordinates with inspectors, contractors, and subcontractors.
Matt Fults, Manager-Construction - Housing Rehabilitation
Mr. Fults joined Self-Help Enterprises in 2007 with over 20 years of experience working with professional building contractors, assisting them with contract management and purchase of construction materials.
He is responsible for the pre-inspection of dwellings, analysis of deficiencies, preparation of work writeups, cost estimates and bid documents, and preparation of drawings as necessary. Mr. Fults orders materials, schedules projects, supervises construction, authorizes contractor payments, and coordinates with inspectors, contractors, and subcontractors.
John Nunez, Senior Project Manager - Housing Rehabilitation Mr. Nunez joined Self-Help Enterprises in 2024. He is responsible for the pre-inspection of dwellings, analysis of deficiencies, preparation of work write-ups, cost estimates and bid documents, and preparation of drawings as necessary. Mr. Nunez orders materials, schedules projects, supervises construction, authorizes contractor payments, and coordinates with inspectors, contractors, and subcontractors.
David Ebenezer, Chief Financial Officer
Mr. Ebenezer joined SHE in May 2022, and oversees the financial activities of SHE. He is responsible for leading and coordinating SHE’s financial reporting, planning, policies, procedures, and systems. David comes to SHE with over 30 years of financial experience in the nonprofit sector, having served first as Controller and later as CFO of a SHE peer, the Rural Community Assistance Corporation (RCAC), a Community Development Financial Institution, in Sacramento. Prior to that, Mr. Ebenezer worked for several auditing and accounting firms, one of which performed SHE’s corporate audits in the 1990’s and another which provided statewide property management to affordable housing projects.
Mr. Ebenezer currently serves on the Finance Committee of Federation of Appalachian Housing Enterprises, Inc. (Fahe). He holds a bachelor’s degree in business administration with a concentration in accounting from California State University, Sacramento. Mr. Ebenezer has successfully passed all sections of the CPA examination (pending licensure). (Staff time typically does not get charged to the grants of partner jurisdictions.)
Andrea Sherrill, Accounting Manager - Accounting
Ms. Sherrill joined Self-Help Enterprises in 2013 with a background in Worker’s Compensation Premium Auditing, beginning in the Accounting Department, performing payroll functions, accounts payable and receivable as well as grant management. Ms. Sherrill now supervises a team of five, performing payroll, accounts payable, accounts receivable, grant management, and general accounting. Ms. Sherrill holds a bachelor's degree in finance from California State University, Fresno, and a bachelor's degree in accounting from Brandman University. (Staff time typically does not get charged to the grants of partner jurisdictions.)
Nancy Garcia, Fiscal Analyst - Accounting
Ms. Garcia Joined Self-Help in October 2015 with nearly a decade of experience in public service accounting. She began her tenure with SHE as a Project Technician, before quickly ascending into her current role within the accounting department. Nancy's responsibilities at SHE includes grant and loan portfolio management, reconciling and analyzing financial data, and producing accurate financial reports.
Ms. Garcia holds a bachelor’s degree in business administration with an Accountancy option from California State University, Fresno. (Staff time typically does not get charged to the grants of partner jurisdictions.)
Suzanne Mendonca, Accountant - Accounting
Ms. Mendonca joined SHE in November of 2017 as an Accounting Technician and has worked for the Accounting Department for 8 years. Ms. Mendonca plays a vital role in supporting SHE’s Project Managers and Administrative Analysts. Previously, Ms. Mendonca worked with T&F Tire Service for 10 years, and responsibilities included account receivables, account payables, journal entries, payroll, and working with the controller and company President. Ms. Mendonca also worked for M Green& Company CPA firm for 3 years, responsibilities included working clients handling their bookkeeping, payroll, processing the 1099’s and preparing client tax files for tax season. Ms. Mendonca’s responsibilities at SHE include processing payments for the Housing Rehab and Real Estate Development teams, as well as rehab closeout reports, journal entries, and balancing monthly payables. Ms. Mendonca also processes Loan Portfolio Management invoices. (Staff time typically does not get charged to the grants of partner jurisdictions.)
Juan Jaime, Manager - Homebuyer Assistance
Mr. Jaime joined SHE in 1997, at which time he was responsible for determining applicant eligibility and processing homebuyer loans. In late 2006, he was promoted to manager of the Homebuyer Assistance & Homeowner Counseling programs. Mr. Jaime started his career in real estate finance with the Bank of America in 1991. He has worked for both banks and mortgage companies processing and funding primary and secondary mortgages. In 2014, Mr. Jaime became a real estate broker. His primary responsibility includes the supervision and coordination of the Homebuyer Assistance Program staff. Mr. Jaime is responsible for ensuring that all files meet qualification requirements and State standards, as well as the supervision and recruitment of eligible households, determination of eligibility, preparation of loan and grant documents, leverage of other funds, and maintenance of participant files. Mr. Jaime is fluent in English and Spanish.
Alma Romero, Loan Processor - Homebuyer Assistance
Ms. Romero joined Self-Help Enterprises in February 2022. Her duties include processing applications, package financing for participants, implementing outreach activities, analyze financial data to determine eligibility for grant and/or loan programs, and functions as a primary liaison for participants and lenders.
Ms. Romero is fluent in English and Spanish.
Alicia Bohigian, Assistant Director - Mutual Self-Help Housing Alicia Bohigian is the Assistant Director in the Mutual Self-Help Housing Department. Ms. Bohigian oversees GATEWAY, an in-house HUD-certified Homeownership & Counseling Program working to increase home ownership and providing education to individuals through counseling as well as managing the Homebuyer Assistance Program. Ms. Bohigian’s experience expands from working in the Title, Escrow, and Real Estate industry as well as serving as a Director for the Energy for All Program with a global organization providing renewable energy, clean mobility, and water technologies. She is currently responsible for the implementation, planning, and development of programs with the mission to bring affordable housing to disadvantaged communities. Ms. Bohigian holds a bachelor's degree from California State University, Fresno, and is fluent in English and Spanish. (Staff time typically does not get charged to the grants of partner jurisdictions)
Ruth Olivares, HUD-Certified Counselor, GATEWAY Homeownership Counseling and Education Program Ms. Olivares joined Self-Help Enterprises in October 2023 from CSU San Bernardino where she was a graduate teaching associate for 1.5 years. Ms. Olivares’s duties include individual homeownership and budget counseling, outreach/resource and referral services, preparation and facilitation of pre- and postPage 79 of 138 19 purchase and Financial Management workshops, documentation of client status and work plan. She provides workshops on current homeownership programs, outreach and marketing for current projects, as well as documentation of client status. Ms. Olivares holds a bachelor’s degree in communication studies from Cal State Polytechnic University, Pomona and a master’s degree in communication studies from California State University, San Bernardino, and is fluent in English and Spanish. (Staff time typically does not get charged to the grants of partner jurisdictions) Yvonne Moreno, HUD-Certified Counselor - GATEWAY Homeownership Counseling and Education Program
Ms. Moreno joined Self-Help Enterprises in January 2021, bringing 25 years of experience with a local collection agency with credit report experience, management experience, as well as being a lead supervisor overlooking the company’s Compliance/Quality Assurance department Ms. Moreno’s duties include individual homeownership and budget counseling, outreach/resource and referral services, preparation and facilitation of pre- and post-purchase and Financial Management workshops, documentation of client status and work plan. Ms. Moreno also conducts internal audits for the Mutual Self-Help Housing Department to assure that all clients have received the assistance necessary to advance in the program. Ms. Moreno is fluent in English and Spanish. (Staff time typically does not get charged to the grants of partner jurisdictions)
Jessi Snyder, Director – Community Development
Ms. Jessi Snyder is Director of Community Development at Self-Help Enterprises with expertise in rural infrastructure, especially small water systems. Ms. Snyder’s primary responsibilities include working with rural communities to identify water and wastewater-related needs, evaluate and select solutions, and secure funding to implement those solutions. Ms. Snyder has extensive experience in managing community-wide projects from the installation of wells and distribution facilities to the individual household connection to new infrastructure. After ten years of service as a Community Development Specialist, Ms. Snyder is now responsible for directing the work of a team of forty staff members, and managing SHE's $22M SAFER contract and the $9.5M septic-to-sewer contract. Ms. Snyder has also developed experience in State legislation, working with coalitions of partner organizations to advocate for effective, fair policies that promote the human right to water in California. Ms. Snyder serves on the board of directors for the Rural Community Assistance Partnership based in Washington, DC.
Juan Cano, Manager – Community Development
Mr. Cano has been with Self-Help Enterprises since 2015, spending his entire tenure with the Community Development team. As a Specialist/Project Manager, Mr. Cano earned his experience working on water and sewer infrastructure projects, utilizing a variety of grant funding sources to bring much needed stability to critical systems in disadvantages communities (DAC). Since 2021, Mr. Cano has managed the Community Development North Team. His team covers numerous types of infrastructure work such as planning and construction projects to address contamination issues or infrastructure deficiencies; Rate Studies and the 218 process; Income Surveys; as well as Emergency Projects. Mr. Cano leads a team that works effectively with a diverse group of stakeholders like small community leaders, City/County staff and regulators. Currently, Mr. Cano’s staff are providing grant administration to 6 separate State Water Resources Control Board (SWRCB) SAFER projects in located Merced and Stanislaus Counties.
Nancy Hammel, Admin Manager – Community Development
Nancy has recently joined Self-Help Enterprises. Ms. Hammel has extensive experience in previously managing high-dollar project financials for a large engineering firm. These projects consisted of transportation, environmental, construction services and propositions for new schools and updates to older schools. Funding came from various sources, including propositions, City, County and State as well as private industries. Ms. Hammel has managed several administrative teams to successfully open projects and close with balanced funds. In her current role, Ms. Hammel carries out invoicing, time tracking, training staff, and reporting for Community Development programs.
Sara Luquin, Community Development Specialist – Community Development Ms. Luquin has been with Self-Help Enterprises since 2018. Ms. Luquin’s work in the Community Development Department includes advancing planning and construction applications for small unincorporated communities in Tulare and Fresno counties. Ms. Luquin is currently working alongside the City of Firebaugh, City of Fresno, and City of Sanger to complete funding applications and/or finalize construction projects to secure safe and reliable drinking water for unincorporated communities. Ms.
Luquin brings 15 plus years of experience of fostering relationships with community partners, consultants, and community residents in previous roles as Program Director and Program Manager to secure program funding for at-risk families, seniors, and children.
Affirmative Action
Self-Help Enterprises (SHE) is committed to upholding a standard of compliance that aligns with Executive Order 11246 and will adhere to Federal and State statutes and regulations, and all present and future program requirements. The Board of Directors is committed to Affirmative Action and Equal Opportunity, having established a proactive and goal-oriented program aimed at achieving these objectives for both staff and participants across all facets of SHE’s programs. SHE is committed to the operation of all its programs on a basis of nondiscrimination and equal opportunity, regardless of race, color, creed, disability, national origin, age, religious or political affiliation, gender, sexual orientation, sexual identity, marital status, medical condition, or ancestry.
The programs are designed to fully align with the stringent requirements of Section 504 of the Rehabilitation Act of 1973. Under no circumstances shall any otherwise qualified individual be excluded from participation, denied program benefits, or subjected to discrimination under any program, solely by reason of their disability. We actively engage in activities aimed at removing material and architectural barriers that hinder the mobility of elderly and handicapped individuals. Work write-ups, for example, will incorporate retrofitting measures to enhance accessibility, such as installation of ramps and handrails, widening doorways, and adjustments to cabinets and counters, etc.
In all outreach endeavors, we are diligent in communicating that programs are fully accessible to disabled individuals. To further this mission, we compile a comprehensive list of local agencies specializing in serving the elderly and disabled, utilizing it for program outreach and marketing efforts. Additionally, SHE’s dedicated staff will assist disabled individuals with limited mobility at their place of residence and will provide transcription and interpretation services for visually and hearing-impaired individuals through organizations such as the California Relay Service, Sequoia Transcribers and the Valley Advocacy and Communication Center.
Small Business, Minority-or Woman-owned Business, Section 3 Business Self-Help Enterprises is a non-profit public benefit corporation and is governed by a Board of Directors, one-third of whom are low-income or live in a low-income census tract. While SHE does not hold designations as a small business, minority- or woman-owned business, or Section 3 designation, the organization’s Affirmative Action policy has been successful in attracting staff balanced by gender and race (65 percent Hispanic, 1 percent African-American, 4 percent Asian/Pacific Islander, 1 percent Native American, 2 percent two or more races, and 27 percent white). Women comprise 62 percent of SHE’s workforce, and 57 percent of SHE’s executive-level leadership.
EXHIBIT A
Self-Help Enterprises
STATEMENT OF VALUES
In supporting the efforts of low-income residents of the San Joaquin Valley to improve their living conditions, we are committed to dealing responsibly and ethically with participants, communities, funding agencies and each other. Toward this goal, the Board and staff of Self-Help Enterprises will incorporate these values in all we do.
Participants are our primary responsibility and will be treated with dignity and respect. In an atmosphere of trust, open communication will be the basis for responding to participants’ identified needs. While receiving services, participants will have the opportunity to develop the skills which enable them to better provide for themselves and their communities. Our relationship will be one of working with, rather than working for, the individuals and families who participate in our program.
The involvement of communities in our local activities will be encouraged through open and honest communication. With respect for the democratic process, we will work cooperatively with communities and their officials to identify and address the needs of lowincome residents. Communities will be kept aware of resources available to meet local needs.
We will cooperate in full cognizance and compliance with contractual relationships and honor the commitments we make with funding agencies. We will endeavor to contain costs while providing quality services. It is equally our responsibility to represent to funding agencies the needs of low-income people. While working cooperatively with agencies to improve the delivery of services, we will work to understand and respect the rationale of the regulatory process.
Within Self-Help Enterprises, personal and professional needs will be respected and the qualities of fairness and cooperation in staff relationships will be encouraged. Rights and responsibilities will be clearly stated. Fair and adequate compensation, opportunities for training and professional development, and a safe work environment will be provided to all staff.
These values will guide us as we represent the needs and wishes of low-income people to society at large. Participants, community members and all others will be encouraged to join in this mission to provide solutions to identified problems in the communities we serve. 4/89
EXHIBIT B - Contractor's License
CITY OF LIVINGSTON
REQUEST FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
CONSULTING SERVICES
Submitted:
June 1, 2025
www.californiaconsulting.org
214 Main Street, Suite 102
El Segundo, CA 90245
(323) 728-9002
TABLE OF CONTENTS
Cover Letter
Firm Qualifications........................................................................................................Pg 4 Combined Strengths.......................................................................................................Pg 5 Experiences and References...........................................................................................Pg 5 Approach and Availability.............................................................................................Pg 6 Project Implementation..................................................................................................Pg 8 Staff Assigned to Project...............................................................................................Pg 8 Pricing and Compensation.............................................................................................Pg 10 Affirmative Action Policy Statement............................................................................Pg 10 Exhibit A – Scope of Services
Exhibit C- Schedule of Compensation
Exhibit D – Schedule of Performance
Exhibit E – Sonia Hall - Resume
COVER LETTER
June 2, 2025
City of Livingston
C/O Monica Cisneros, Deputy City Clerk/Assistant to the City Manager 1416 “C” Street
Livingston, CA 95334
Dear Ms. Cisneros
California Consulting, Inc., is pleased to provide this response to the Request for Proposal for Community Block Development Grant (CDBG) Consulting Services and to further introduce the California Consulting Project Management Team specializing with CDBG services to the City of Livingston Founded in 2004, California Consulting, Inc., is the largest grant writing firm in California and has developed expertise in representing municipalities and has extensive experience with federal, state, and local grant opportunities for over 21 years. California Consulting grant team of more than 55 team members have expert skills in effective and persuasive grant writing for Clients. Our team has written over 1,650 competitive successful federal, state, and private foundation grant applications that have been awarded to our clients. We are honored to have provided contracted grant writing services to the San Bernardino Fire Protection District, San Bernardino County - Finance and Administration, San Benito County, County of Sutter, Nevada County, Yolo County, and the cities of Parlier, Carson, Hawthorne, El Segundo, Lomita, Glendale, Burbank, Norwalk, Artesia, Wildomar, San Gabriel, Riverside, Industry, Vallejo, Davis, Vacaville, St. Helena, Yucaipa, Irwindale, Bell, Maywood, Baldwin Park, Santa Cruz, Berkeley, Sausalito, Monterey, Albany, Newman, Waterford, and Patterson among many others.
California Consulting has secured over $1.6 billion through the company’s combined efforts, as noted on our website www.californiaconsulting.org. Our aggressive, hard-working, and results-oriented style has translated into success for our clients. Our grant writers have developed municipal subject matter expertise in writing and for providing administration for federal and state competitive applications.
California Consulting’s main office is located at 214 Main Street, Suite 102, El Segundo, CA 90245. The Contact Person authorized to sign and bind the firm in the contract is Steve Samuelian, CEO. He may be reached at (323) 728-9002 or via email at [email protected]. The contact person regarding this RFP is Dan Rodriguez, Director of Operations. He may be reached at (323) 728- 9002 or [email protected].
California Consulting will provide insurance certificates upon selection.
We look forward to assisting the City of Livingston to achieve its Community Development Block Grant consulting service goals.
Warmest regards,
Steve Samuelian, CEO
Firm’s Qualifications
California Consulting, Inc., California’s largest grant writing firm, is pleased to propose this partnership to provide professional CDBG grant administration services to the City of Livingston. Our firm brings a statewide reputation for delivering results and an impressive portfolio of successful CDBG-funded initiatives, having secured over $1.6 billion in grant awards for public agencies across California. To ensure the highest level of service and project continuity, Ms. Sonia R. Hall—a highly respected municipal administrator and senior grant strategist—will serve as Project Manager for this engagement. Ms. Hall brings over 20 years of executive-level experience in public administration, housing and community development, and grant management, with deep expertise in CDBG infrastructure, housing, economic development, and planning programs.
Under this structure, California Consulting will be the prime contractor, providing full back-office support, compliance review, and institutional capacity, while Ms. Hall will lead day-to-day grant administration, program implementation, and stakeholder coordination for the City of Livingston.
Relevant CDBG Project Experience
The following is a summary of CDBG projects led and/or managed by Ms. Hall, representing her direct experience and qualifications for this role:
City of Parlier
• Parlier Industrial Park – CDBG ED/OTC: Wrote and managed the grant to support job creation and industrial development.
• Stormwater Infrastructure & Stormwater Management Plan: Authored and administered multiple grants focused on stormwater improvements and flood mitigation. • FTHB & Housing Rehabilitation Programs: Managed program intake, loan processing, monitoring, and regulatory compliance, including long-term affordability tracking.
City of McFarland
• CDBG Housing Programs (FTHB & Rehab): Wrote and administered housing programs from intake through disbursement and monitoring.
City of Taft
• CDBG Housing Rehabilitation & FTHB: Managed implementation and compliance; led direct outreach and loan processing for residents.
• Downtown Façade Improvement: Delivered a high-impact commercial revitalization program through weekly on-site engagement and administration.
City of Huron
• Domestic Violence Center: Developed and administered a CDBG-funded public services facility grant focused on vulnerable populations.
City of Madera
• HUD CDBG Entitlement Administration: Managed the City’s full HUD CDBG portfolio, including:
• Consolidated Plan and Annual Action Plan (AAP)
• CAPER reporting
• Environmental reviews
• Davis-Bacon and Section 3 compliance, performance and audit response documentation
Combined Strengths
By combining California Consulting’s institutional capacity and statewide best practices with Ms. Hall’s local government insight, hands-on experience, and CDBG technical expertise, this partnership offers Livingston a uniquely qualified team that is ready to deliver high-performance grant management with attention to local context, compliance, and long-term sustainability.
We understand the importance of timeliness, regulatory alignment, and community benefit—especially in small to mid-sized cities. Our team is well-prepared to serve as a reliable extension of your staff, ensuring Livingston’s CDBG projects meet all federal and state program expectations while maximizing public impact.
Experience and References
California Consulting, Inc., in partnership with Project Manager Sonia R. Hall, brings unmatched experience in securing and administering CDBG funding for local governments across California. Our team has extensive experience delivering high-performing consulting services in housing rehabilitation, economic development, infrastructure, public facilities, and planning under both federal (HUD) and state (HCD) CDBG frameworks.
Ms. Hall has personally authored and administered dozens of successful CDBG grants and has managed all aspects of post-award implementation, including compliance with Davis-Bacon labor standards, URA, Section 3, IDIS reporting, environmental clearance, loan processing, and long-term affordability monitoring. Her experience spans entitlement and non-entitlement jurisdictions, with a focus on cities with limited internal administrative capacity.
Selected Client References
1. City of Parlier
Contact: Mayor Alma Beltran
Phone: (559) 356-9889
Email: [email protected]
Services Provided:
Wrote and managed numerous CDBG grants, including Economic Development OTC (Parlier Industrial Park), Housing Rehabilitation, FTHB, Stormwater Management Plan, and Stormwater Infrastructure. Oversaw long-term housing compliance and led post-award implementation and reporting.
2. City of Taft
Contact: Craig Jones, City Manager
Phone: (661) 763-1222
Email: [email protected]
Services Provided:
Developed and administered CDBG FTHB and Housing Rehabilitation Programs. Led a successful Downtown Façade Improvement Project funded through CDBG, including weekly on-site loan administration, business outreach, and coordination with city departments.
3. City of Huron
Contact: Mayor Rey Leon
Phone: 559-269-9563
Email: [email protected]
Services Provided:
Wrote and administered the CDBG Public Services grant to fund a local domestic violence center, supporting shelter referrals, outreach, and intervention services for vulnerable populations. I also supported Huron with administering rental assistance.
Approach and Availability
Comprehensive Service Delivery Model
California Consulting, Inc., in partnership with Project Manager Sonia R. Hall, offers the City of Livingston a full-spectrum, compliance-driven approach to CDBG grant administration. Our service delivery model is designed to address the specific administrative and program implementation functions required by HUD and HCD, with an emphasis on accuracy, regulatory alignment, and responsiveness.
The following approach outlines how our team will fulfill the requested scope:
General Administration Approach
1. Public Meetings & Hearings:
Ms. Hall will coordinate and facilitate all required public meetings and hearings, ensuring compliance with public noticing requirements, translation needs, and inclusive community participation. Agendas, notices, sign-in sheets, and minutes will be maintained in the Public Information File.
2. Grant Application Preparation:
The team will prepare competitive funding applications for CDBG, CalHome, and related housing programs. We maintain up-to-date knowledge of program requirements, deadlines, and scoring criteria to position the City for success.
3. Special Conditions Compliance:
We will complete environmental reviews (CEQA/NEPA), draft Anti-Displacement and Relocation Assistance Plans, and develop Program Income Reuse Plans as required by the State.
4. Program Guidelines Development:
Ms. Hall will author or update program guidelines for housing, public service, and economic development projects, tailoring them to regulatory requirements and local context.
5. 5/6 Procurement & Contracting:
Our team will handle procurement processes, including RFP/RFQ development, contractor solicitation, bid advertising, evaluation, and compliance with federal procurement standards. We will assist with subrecipient and subcontractor contract preparation as needed.
7. State Reporting (HCD):
We will prepare and submit all required reports to HCD, including QPRs, annual reports, IDIS documentation, and compliance certifications.
8. Fiscal Record Management:
We will maintain all financial records, prepare Cash Request Forms, monitor subcontractor payments, and coordinate directly with the City’s Finance Director to ensure proper alignment and audit readiness.
9. Loan Program Supervision:
Ms. Hall will provide direct oversight of housing and small business loan packages to ensure timely and compliant processing of all loan files in accordance with program regulations. She has previously managed comprehensive loan programs including First-Time Homebuyer (FTHB), Owner-Occupied Rehabilitation (OOR), Small Business, and Commercial Façade Improvement initiatives. Over the course of her tenure, she successfully issued and administered more than 300 loans, providing full portfolio management and compliance oversight.
10. Public Information File:
We will maintain a comprehensive Public Information File in compliance with HCD monitoring expectations.
11. Principal Liaison with HCD:
Ms. Hall will serve as the designated point of contact and representative for the City in all communications with HCD.
12. Advisory Committee Coordination:
We will schedule and conduct all required loan committee and technical advisory meetings, preparing documentation and public notices as applicable.
13. Equal Opportunity Oversight:
Our team will ensure all project materials include required EEO, Section 3, and Section 504 language.
We will manage internal compliance processes and refer any complaints appropriately.
14. Applicant Screening:
We will review all applicants for income eligibility, including third-party verification, documentation retention, and internal QA/QC.
15. Monitoring Prep and Support:
We will prepare all files for HCD monitoring visits, accompany site inspectors, respond to findings, and take corrective actions as required.
16. Training Attendance:
Our team, including Ms. Hall, will attend all relevant CDBG trainings and webinars hosted by HCD or HUD to stay current on evolving policies and procedures.
17.
Program Implementation Approach
1. Relocation & Lead-Based Paint Compliance:
We will oversee relocation activities, property acquisition processes, and lead-based paint risk assessments, notifications, and abatement in accordance with federal and state regulations.
2. Labor Standards Compliance – Construction Projects:
For public improvements and facilities:
o Prepare bid documents and labor compliance language.
o Conduct pre-construction meetings and contractor onboarding. o Monitor certified payrolls, conduct employee interviews, verify licensing and debarment status.
o Oversee issuance of notices (Award, NTP, Completion), monitor progress payments, and process change orders in compliance with HUD Handbook 1344.1. o Ensure timely and complete construction closeout documentation.
Staff Availability and Capacity
Sonia R. Hall will serve as the dedicated Project Manager and day-to-day lead for all Livingston CDBG engagements. Ms. Hall’s background as a former City Manager and Community Development Director ensures the City benefits from deep technical knowledge and real-world municipal operations experience. • Ms. Hall is available daily by phone and email, with flexibility for in-person meetings, evening council sessions, and site visits.
• She commits to a 48-hour turnaround on all non-urgent items and same-day response for critical project communications.
• California Consulting will provide administrative backup, compliance oversight, and institutional quality assurance to ensure continuity of service at all times.
Ready to Mobilize
Our team is prepared to begin work immediately upon contract execution. A detailed workplan and implementation schedule will be submitted to City staff within the first week of engagement, followed by a kickoff meeting to establish communication protocols and project priorities.
Staff Assigned to Project
The following team of professionals from California Consulting will be assigned to support the City of Livingston’s CDBG and housing program efforts. This team combines hands-on municipal experience, extensive state and federal grant administration expertise, and a proven record of compliance with HUD and HCD regulations.
Sonia R. Hall – Project Manager *Resume (Exhibit E)
Title: Senior Project Manager
Firm Affiliation: California Consulting, Inc.
Email: [email protected]
Summary of Qualifications:
Sonia Hall will serve as the primary point of contact and hands-on project manager for all CDBG-related activities. She brings over 20 years of experience in public sector grant administration, municipal leadership, and financial management. As a former Community Development Director and City Manager, Sonia personally wrote and administered numerous CDBG, CalHOME, HOME, and other HUD-funded grants. She has overseen community facility improvements, housing rehabilitation, public infrastructure projects, and downtown revitalization in small, underserved cities. Her recent academic focus on accounting and data analysis further strengthens her capacity for rigorous fiscal oversight and compliance with HUD and HCD financial requirements.
Key Expertise Includes:
• Direct experience with CDBG, HOME, and CalHOME programs • HUD and HCD compliance, labor standards, and loan portfolio management • Environmental review, public procurement, and Davis-Bacon monitoring • Fiscal accountability, cash flow tracking, and PI reuse plan execution • Effective interagency liaison work with State and Federal partners • Strong record in project design, public engagement, and grant closeout Education:
• B.S., Business and Data Analysis, Minor in Accounting – Liberty University • B.A., Business Administration – Providence College
• M.P.A. Candidate – Harvard Kennedy School
• Public Leadership Credential – Harvard Kennedy School Team Support Staff
Ilya Malinsky is a Project Manager and has been with California Consulting for over ten years. Mr. Malinsky has over a decade of professional writing experience; he has authored a wide range of successful grant proposals focusing on social services and education. During the last fiscal year, Mr. Malinsky helped secure over $2 million in grant funds for clients. Previously, Mr. Malinsky has written grants for After-School AllStars, Los Angeles Unified School District, and Jewish Family Service, as well as articles and content for organizations including AOL, Nielsen Business Media, and Audible.com. Mr. Malinsky has secured funding for a number of publicly, privately funded community development projects serving low-income communities and student populations. Projects have included educational and skill-building programs in underserved urban communities, programs for pregnant & parenting high school students, and comprehensive after-school programs for middle school students in cities including Los Angeles, Chicago, and Washington, DC. Mr.
Malinsky earned his Bachelor’s Degree in Journalism from Boston University.
Pricing and Compensation
California Consulting, proposes a cost-effective and flexible fee structure tailored to the City of Livingston’s needs. Our pricing reflects the complexity, compliance demands, and long-term project management associated with federal and state housing and infrastructure grants. (See Exhibit C and C-1) Affirmative Action
California Consulting is committed to the principles of equal opportunity and affirmative action. We strive to recruit, hire, train, and promote individuals without regard to race, color, religion, sex, gender identity, national origin, age, disability, or veteran status. As part of our ongoing efforts to build a diverse and inclusive workplace, we actively support affirmative action initiatives and fully comply with all applicable federal and state regulations, including those specific to the State of California.
Exhibit “A”
Scope of Services
I. Consultant will perform the following services:
A. Prepare and submit funding applications for Community Development Block Grants (CDBG), CalHOME, HOME, and Permanent Local Housing Allocation (PLHA) programs, as requested by the City.
B. Provide full-service grant administration upon award, including environmental review, financial reporting, subcontractor oversight, labor compliance, loan program management, and all State-required documentation and submissions.
C. Deliver technical assistance, public hearing facilitation, program guideline development, procurement support, and compliance monitoring in accordance with HCD and HUD regulations.
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
A. Fully completed grant applications for each targeted funding program, tailored to the City’s strategic goals and regulatory requirements.
B. Program guidelines for applicable housing and community development activities (e.g., FTHB, Rehab, Public Facilities, Infrastructure).
C. Administrative reports and deliverables including environmental clearance documentation, labor compliance reports, loan portfolio documentation, and project closeout packages.
III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City updated of the status of performance by delivering the following status reports:
A. Monthly written status reports outlining progress, milestones, upcoming deadlines, and any issues requiring City input or resolution.
B. Attendance at regularly scheduled coordination calls or meetings with City staff to provide verbal updates and respond to questions.
C. Submission of quarterly performance summaries and fiscal status reports for all active projects and programs.
IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
A. Project Manager / Grant Administrator
Lead contact responsible for all deliverables, day-to-day coordination with City staff, and oversight of all CDBG, CalHOME, HOME, and PLHA activities.
B. Technical Grant Support & Compliance Specialists
Provide additional capacity in application preparation, reporting, environmental documentation, and regulatory compliance under the direction of the Project Manager.
C. Designated Support Staff – Administrative & Fiscal Support Assist with document preparation, program recordkeeping, and invoicing in coordination with the City’s Finance Department.
Exhibit “C”
Schedule of Compensation
I. Consultant shall perform the following Services at the following rates:
Task Rate Estimated
Time
SubBudget
A. Grant Application Preparation (CDBG and CalHOME) $150/hour 100 hours $15,000 B. Environmental Review & Compliance Documentation $150/hour 30 hours $4,500 C. Program Guidelines, Procurement, & Contract Setup $150/hour 25 hours $3,750 D. Monthly Grant Administration & Reporting (over 36
months)
$150/hour 240 hours $36,000
E. Labor Standards Oversight, Final Monitoring, &
Closeout
$150/hour 50 hours $7,500
Total Estimated Contract Sum: $66,750
II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub-budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 2.3.
IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice will include:
A. Line items for all the work performed, the number of hours worked, and the hourly rate B. Line items for all materials and equipment properly charged to the Services C. Line items for all other approved reimbursable expenses claimed, with supporting documentation D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services
V. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.
VI. Consultant’s billing rates for all personnel are included as Exhibit C-1.
Exhibit C-1
Consultant Billing Rates
Personnel Title Hourly Rate
Sonia Hall Senior Project Manager $150.00
Support Staff (as needed) Grant Associate / Compliance Aide $150.00
Exhibit “D”
Schedule of Performance
I. Consultant shall perform all services timely in accordance with the following schedule:
Task Days to Perform Deadline Date
A. Initial kickoff meeting, data collection, and eligibility review
10 business days October 31, 2025
B. Prepare and submit funding application(s) for CDBG,
CalHOME, HOME, and PLHA
45 business days December 31,
2025
C. Begin grant administration activities upon award
(including ER, procurement, and reporting setup)
15 business days
post-award
Estimated: March
15, 2026
Note: All deadline dates are fluid and will be aligned with the official release and submission timelines set forth by applicable housing programs. Final performance dates will be contingent upon the publication of Notices of Funding Availability (NOFAs) and application deadlines for state and federal housing grants, including CDBG, CalHOME, HOME, and PLHA programs.
II. Consultant shall deliver the following tangible work products to the City by the following dates:
Deliverable Deadline Date
A. Draft grant application(s) for City review December 15, 2025 B. Final application package submitted to HCD December 31, 2025 C. Monthly status reports and compliance updates 15th of each month (starting Jan 2026) III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
Workplan Overview: City of Livingston – CDBG and Housing Grant Administration Submitted by:
California Consulting, Inc. | Project Manager: Sonia R. Hall Summary: This table outlines the phased tasks and deliverables for supporting the City of Livingston in securing and administering CDBG, CalHOME, HOME, and PLHA funds. Sonia R. Hall, a former Community Development Director and City Manager with over a decade of hands-on CDBG/HOME administration experience, will lead all implementation efforts.
Phase Key Activities Deliverables
1. Project Initiation &
Readiness (Weeks 1–2)
- Kickoff meeting- Needs assessmentCompliance checklist- Funding roadmap- Kickoff Summary- PIF Checklist- Compliance
Tracker- 12–24 Month Grant
Strategy
2. Grant Application
Development (ongoing)
- 1st Conduct public hearings- Develop and
submit applications for CalHOME, CDBG,
HOME, PLHA at grant deadlines- Respond
to clarifications
- Applications (Draft and
Final)- Submission
Confirmations- Public Hearing
Minutes and Notices
3. Pre-Implementation
Compliance (Weeks 4–8)
- Environmental review (NEPA/CEQA)-
Anti-displacement plan- Program income
reuse plan- Program guidelines development
- ER File- AD&RA PlanIncome Reuse Plan- Housing
Program Guidelines
4. Procurement &
Contracting (Weeks 5–9)
- Prepare RFPs/RFQs- Conduct bidding
process- Draft and execute
subrecipient/contractor agreements
- Procurement FilesRFPs/RFQs- Executed
Contracts
5. Program
Administration &
Implementation (after
award and Ongoing)
- Loan intake & processing- Labor standards
enforcement- Construction oversight- Fiscal
tracking- Liaison with HCD- Fair
housing/Section 3/504 compliance
- Loan Files- Labor
Compliance Log- Payment
Requests- Construction DocsEO/Accessibility Materials
6. Reporting, Monitoring
& Closeout (Ongoing)
- Quarterly/Semi-Annual reports- Monitor
file prep- Final cash request and closeout
filing
- Reports to HCD- Monitoring
Binders- Final Closeout Packet
Availability - Weekly staff check-ins- 48-hour
turnaround- Monthly progress reports
In-person meetings when requested
- Standing Meeting AgendasMonthly Summary Memos
Note: Ms. Hall's deep experience includes managing public works and community facility projects as a municipal CD Director, overseeing infrastructure, downtown revitalization, and affordable housing initiatives funded by CDBG and HOME.
Sonia R. Hall
1110 N. Echo Ave., Fresno, CA 93728 ˚ 559-903-3236 ˚ [email protected] Authored over 600 successful grant proposals
totaling over $680 million
I am an accomplished executive with extensive experience in public and private sector management, economic development, grant development and management, urban planning, and growth development. I have strong leadership and interpersonal skills to effectively manage departments and communicate with the City Council, staff, and residents.
Key Skill Sets
Experienced Economic Developer,
Public Administration, and Personnel
Management of City Services
Professional Grant Writer
Grants & Financial Compliance
Expertise
Governmental Accounting and Loan
underwriter
Effective Communicator and
Excellent Interpersonal Skills
Urban Land Use Planning
Capital Improvement Planning/
Projects
Flexible and adaptable when needed
and/or expected by council
Community Development specialist
Financial Expertise & HUD
Compliance
Strategic Thinker, Planner and
Project Implementation
Governmental Affairs Specialist
Human Resources Management
Experienced in Land
Development/Redevelopment
Organizational change within the
departments
Work Experience
Granted Solutions 12/2012 to 4/2019
Owner and Manager 04/2024 to present
• Serves as a specialist in grant strategies, governmental relations, and Federal/State legislation
• CDBG and HOME funding and administration specialist
• Financial Expertise & HUD Compliance - Program Income tracking, HUD IDIS reporting Labor compliance (Davis-Bacon), and Loan servicing and closeout audits • Managed housing loan portfolio of 300+ loans
• Oversaw capital projects totaling $20M+ in HCD funding • Experienced with federal awards and regulations
• Technical Tools/Systems Familiarity - IDIS, eCivis, GMS • Familiarity with 200 CFR
• Specializes in funding for facility construction, taking a project from an idea to reality. • Administrates large-scale grant-funded programs
• Strategic planning for capital funding
• Project Evaluation
• Facilitated Grant Writing and Administration training • Prepare budgets for approval, including those for funding or implementation of programs.
• Project Management
• Serve as Interim Dept. support for municipalities
City of Parlier 4/2019 to Present
City Manager
• Oversee and manage an $80 million budget, with expertise in financial planning, analysis, and reporting.
• Train and manage city personnel, enhancing customer service and operational efficiency.
• Modernized permitting through online software implementation. • Led organizational change, improving departmental structures and delegating authority. • Extensive experience in human resource management, strategic planning, and team collaboration.
• Strong leadership, communication, and presentation skills, fostering equity, inclusion, and stakeholder engagement.
• Provided coaching, counseling, and performance management for staff. • Acted as the city’s media liaison on city council activities and policy decisions. • Collaborated with department heads to identify and resolve operational issues diplomatically.
• Directed, planned, and implemented city policies and objectives, ensuring continuity of operations.
• Advised the mayor and city leaders on budgets, personnel, and project costs. • Oversaw completion of government reports and studies. • Evaluated city operations for cost reductions, program improvements, and policy changes.
• Secured $14 million in state funding for a water filtration system to address TCP contamination.
• Led economic development, community development, and redevelopment projects. • Engaged residents at monthly community events, ensuring open communication and accessibility.
• Managed FEMA hazard mitigation projects from planning to completion. • Oversaw city-wide grant funding and compliance across all departments, including PD, Fire, Parks, Public Works, and Code Enforcement.
• Worked with CA Dept of Cannabis Control to ensure local businesses complied with state regulations.
• Secured funding for capital improvements, community development, and public utility projects.
• Led large-scale infrastructure projects, including industrial parks, MFH developments, commercial projects, downtown revitalization, and housing initiatives. • Successfully obtained CDBG, HOME, SWRCB, DWR, and CA Natural Resources grants.
• Spearheaded the Downtown Plan, which included complete street and façade improvements, driving economic growth.
City of Parlier 7/2016 – 5/2019
Community and Economic Development Director
• Assist in the development of short and long-term economic and community development plans
• promotes the growth and retention of a vital economy within the City • Develops and coordinates economic development marketing strategies and activities and creates promotional materials
• Identify businesses to locate and relocate in the City • Manage the building, engineering, and planning departments • Help companies navigate through the permit process
• Review plans and issue permits
• Reorganize department to conduct business online
• Developed and implemented economic development plans, promoting business growth, and attracting investment to the community.
City of Madera 6/2014 – 7/2016
Grants Administrator/Housing and Transportation Director • Writing and managing all grants for all departments in the City • Identify and apply for funding for capital improvement, community development, and public utility projects
• Oversee the grant management of the city grants and ensure the guidelines and federal and state policies and procedures are met, in addition to managing and processing reimbursement requests.
• Manage all City housing programs, CDBG programs, and transit programs • Manage staff in the department
City of Parlier 1/2013 – 5/2015
Grant and Housing Administrator
• Managed the City’s CDBG/HOME/CalHOME programs
• Wrote and managed the downtown façade program
• Managed Micro-enterprise Loan Program
Acquisitions Partners of America, LLC 3/2011 – 12/2012
Partner/Director of Grant Strategies
• Specialized in grant strategies, governmental relations, and Federal/State legislation • Identified and authored competitive grant proposals
• Administrated large-scale grant-funded programs
Passantino Andersen Communications 6/2010 – 3/2011
Vice President of Grant Strategies
• Successfully established a new funding division within the company • Performed a wide range of grant-related services and governmental affairs • Governmental affairs consultant services for Walmart. Outreach to community.
CA Consulting, LLC 12/2004 – 6/2010
Lobbyist/Grant Director
• Identified and authored competitive grant proposals
• Managed a crew of 12 grant writers
• Managed multiple clients, writing grants for up to 50 clients at a time, and managed grant projects
CA State Legislature 12/2000 – 12/2004
District Director, Office of Assemblyman Steve Samuelian Local Government Representative, Office of Assemblyman Mike Briggs • Managed the District Office and staff
• Specialized in working closely with local government, state legislation, and identifying funding sources. Legislative Analyst and support staff in authoring legislation • Served as Liaison for Cities in communication with State government • Identified funding assistance for municipalities
Education
M.P.A. Candidate – Liberty University (In Progress)
Public Leadership Credential – Harvard Kennedy School
B.S., Business & Data Analysis (Minor: Accounting) – Liberty University B.A., Business Administration – Providence College
Certifications
• CSU Fresno Economic Development Certificate Program
Development Certificate
• FEMA NIMS & ICS Certified
• Prevailing Wage, Section 3, and Labor Standards Compliance Training
• Project Management Professional
• Legislative Management Institute, Legislative-Process, and Development • Registered lobbyist with the California Secretary of State Office • Federal Grants Management
• Economic Development Finance Professional Certification • Housing Development Finance Professional Certification • ARRA Grant Administration Certification
Professional Recognition
• Recognized by state and federal agencies for grant writing excellence • Featured presenter at public administration and housing conferences • Trusted advisor to over 40 California cities and school districts Experience (sample list of grant awards)
• Parlier Water Filtering - Dept of Water Resources – State $14 million (2023) • Parlier Land and Water, Federal - State Parks and Rec - $3.65 million (2023) • CDBG Huron Domestic Violence Center $2.5 million (2021) • Parlier CalVIP Prop 64 – BSCC $3 million (2023)
• State Water Resources Control Development – State $10 million (2022) • Kerman Eastside Park – State $2.5 million (2019), Federal $2.5 million (2020) • Parlier Housing Development - $8 million total for 400 homes (2014 – 2019) • Underground utilities in Rolling Hills (2019)- $1.5 million • Parlier Heritage Park - $2 million (2017)
• Parlier Avila Apartments (2016) $8 million
• CalGRIP/CalVIP anti-gang/youth development grant, City of Parlier, $10 million (2012- 2020).
• Martin Ray Reilly Park – Hired by Fresno Councilmember (2011/12) $3,165,365 • School Improvement Grant, Parlier USD, $8.8 million (2012). • Corcoran Technology Center (2008), $6 million in grants (2008). • Kings Canyon Unified School District modernizations and new schools funded $15 million in grants (2008).
• Developed South Monterey County 4C4P anti-gang model recognized by the California State Governor as a Promising Strategy (2011).
• Prop 84 - Martin Ray Reilly Park – Hired by Fresno Councilmember (2011) $3,165,365 • Over 80 CDBG and HOMES grants for various city agencies totaling over $200 million.
Affiliations
• League of California Cities
• California Association for Local Economic Development (CALED) • National Grants Management Association (NGMA)
STAFF REPORT
AGENDA ITEM: Resolution Appointing Scott Woods to the Parks Recreation and Arts Commission
MEETING DATE: June 17, 2025
PREPARED BY: Jacquelyn Benoit, Recreation Superintendent REVIEWED BY: Jose A. Ramirez, City Manager
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution ____, appointing Scott Woods to the Parks Recreation and Arts Commission.
BACKGROUND:
Scott is new to our community but comes to us with experience that would make him a great addition to the Livingston Parks Recreation and Arts Commission. As you can see from Scott’s application, he has experience not only as Vice President of the Los Banos Chamber of Commerce but also has experience in running large-scale special events.
There has been an ongoing vacancy for the alternate on the commission, so vacancies have been advertised for over a year on the city website, City Hall bulletin board and social media off and on. To date we do not have any other applicants. Scott’s application is attached to this report.
DISCUSSION:
Staff has met Scott, and he is currently helping us with the 4th of July event. He has shared many exciting ideas with us that will help make this year’s event a lot of fun for those attending.
If appointed his term will expire January of 2030.
FISCAL IMPACT:
None.
ATTACHMENTS:
1. Applications: Scott Woods
Resolution 2025-___.
RESOLUTION 2025-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON
APPOINTING SCOTT WOODS
TO THE PARKS RECREATION AND ARTS COMMISSION
WHEREAS, Scott is new to our community but comes to us with experience that would make him a great addition to the Livingston Parks Recreation and Arts Commission; and WHEREAS, Scott’s application he has experience not only as a Vice President of the Los Banos Chamber of Commerce but also has experience in running large scale special events; and
WHEREAS, There has been an ongoing vacancy for the alternate on the commission, so vacancies have been advertised for over a year on the city website, City Hall bulletin board and social media off and on. To date we do not have any other applicants. Scott’s application is attached to the staff report; and
WHEREAS, Staff has met with Scott, and he is currently helping us with the 4th of July event. He has shared many exciting ideas with us that will help make this year’s event a lot of fun for those attending; and
NOW, THEREFORE, BE IT RESOLVED that the City of Livingston does hereby appoints Scott Woods to the Livingston Parks Recreation and Arts commission with the term expiring January 30, 2030.
I hereby certify that the foregoing Resolution No. 2025- is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 17th day of June 2025, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Jose A. Moran, Mayor
of City of Livingston
ATTEST
Monica Cisneros, Deputy City Clerk
Of the City of Livingston
APPROVED AS TO LEGAL FORM
________________________
Roy C. Santos, City Attorney
City of Livingston
APPLICATION FOR APPOINTIVE VA CAN CY
City Clerk 's Office - 209-394-5544
Note: This document is a public record and may be disclosed/released upon request pursuant to the Caltf'ornia Public Records Act. It will be published (with signatures and personal contact information redacted) in the agendas for relevant meetillf(S CJ( the Cit)' Council.
Please indicate ,vhich positlon you are app(ving.fi>r.
Planning Commission
Recreation Com1nissio11
Please print or (1pe lhefo/lowing information:
Name Scott Woods
Horne Phone Mobile Phone
Associates degree Highest Leve l of Education Completed Oi.:cupation Senior area manager
I
., 1 E . Vice president of Los Banos Chamber of commerce , e evanl • xpenence -------------------------------- Owner of Lucid Dreams Event Productions
Why . . . . Growth of our community are you seekrn g this appomtment? ____ _________________ ____ _ What Extensive managerial and leaderships particular skills and talents would you bring to this commission/committee? ___________ _ experiance. Expericance in running large city wide events and groups of up to 20k Page l of 3
List present and previous community or civic involvement Los banos chamber of commerce VP Knights of Columbus 2nd order knlght
Member of Fresno alheimerz walk association
What do you hope to accomplish? Growth of activities for community and families Have you ever served on a Commission, Board, or Committee Ii Yes D No If yes, please speei.f'.}1 which Board(s), Commission(s) ancVor Task Forcc{s):
Name
Los banos chamber of commerce VP
Knights of columbus
Length of Service
4 yrs
4 yrs
Have you attended a meeting: of this commission/commillee? □ Yes !!I No D N/ A Watched on Streaming Video? Iii Yes D No D NIA
Conflict of interest: Do you have uny conflict of interest due lo your relation with a city employee or elected city official? If so, whom? '-n---'o'-------------------------------------- Arc you available to meet on the days and time specified below? l!l Yes D No The Commissions m~~et as follows:
Planning Commission meet cve1y second Tuesday of the month at 7:00 p.m.
Recreation Commission meet every fourth Thursday oflhe month at 6:00 p.m.
Additionnl experience or information may be attached to this application.
AUTHORIZATION AND RELEASE
I hereby affirm that my answers to the foregoing questions are true and correct and that l lmve not knowingly withheld any fact or circumstance th.it would, if disclosed, affect my application unfavornbly. I understand that in connection with this application for appointment, the information contained herein will be made available to the general public upon request. I acknowledge that if appointed, I will he required to take an oath (or affirmation) of office and will be subject to filing a Form 700 Statement of Economic interest.
Si 0 nature Sc,;tt '?U'""4 0 Date 5/21/2025
Return completed applications to [email protected] or City Clerk's Office, 1416 C Street, Livingston, CA Please note, it is the applicant's responsibility to confirm receipt of their application with the City Clerk's Office.
All cost for the preparation of the application shall be borne by the applicant, and applications received shall become the property of the City, whether appointed or not appointed.
Incomplete applications may be rejected as non-responsive.
Policy for Parks, Recreation and Arts Commission and Planning Commission PARKS. RECREATION AND ARTS COMMISSION
The Parks. Recreation and Arts Commission shall consist of seven (7) members over the age of eighteen (18). A maximum of one member may reside outside of City limits, ns long as they reside within the boundaries of the Livingston Union School District.
TERM: Each member of the Parks, Recreation and Arts Commission shall be appointed for four (4) years. Should a vacancy occur through means other than term expiration. the appointment of the new members shall be for the remainder of the vacated term.
REMOVAL OF MEMBERS AND VACANCIES:
(A) Removal From The Parks, Recreation And Arts Commission: Any member of the commission may be removed from the commission by the Mayor, subject to the approval of the City Council, or by a majority vote of the City Council.
(B) Resignation Of Members: A member of the Parks, Recreation and Arts Commission may resign from the commission by filing a written statement with the City Manager. Upon filing the written statement with the City Manager, the resignation shall become effective at the time of the filing and said member shall cease to be a member of the commission and a vacancy shall then exist.
(C) Absence With/Without Cause: Any member of the commission shall automatically be deemed to have vacated his or her scat if the Commissioner fails to attend any three (3) meetings in any twelve (12) month period, unless the absence is the result of illness or family emergency. In the event that a Commissioner is unable to attend a meeting due to illness or family emergency, the Commissioner shall inform the City Manager, or the department head working with the commission, at the earliest opportunity before the meeting in order for the absence to be excused. In the event that a Commissioner is deemed to have vacated his or her scat, the commission or City Manager shall immediately inform the City Council of such vacancy. Vacancies on the Parks, Recreation and Arts Commission for whatever cause shall be filled by the City Council for the unexpired term. (Ord. 633, 2-20-2018)
PLANNING COMMISSION
The Planning Commission shall consist of five (5) members and two (2) alternates appointed. The alternate members may participate, but may not vote on an item before the Planning Commission unless a Planning Commissioner is absent or is disqualified due to an expressed conflict of interest. All members shall reside in the City Limits and remain qualified electors of the City. The compensation of the Planning Commission shall be established by resolution of the City Council.
TERMS: Terms ofoffiee of the members of the Planning Commission are for a period of four (4) years or until their successors are appointed and such terms are staggered with terms of one member of the Planning Commission expiring each year, except that every fourth year the terms of two (2) members expire. Terms expire December 31 of each year.
REMOVAL OF MEMBERS AND VACANCIES:
(A) Removal Of Members: Any member of the commission may be removed from the commission prior to the expiration of term by majority vote of the City Council. Vacancies on the Planning Commission from whatever cause shall be filled by the Cily Council for the unexpired term, (B) Resignation Of Members: A member of the commission may resign from the commission by filing a written statement with the City Clerk stating he or she resigns from the commission. Upon filing the written statement with the City Clerk, the resignation shall become effective at the time of the filing and said member shall cease to be a member of said commission and a vacancy shall then exist. (Ord. 562, 11-20-2007) (C) Absence With/Without Cause: Any Commissioner's seat shall automatically be deemed vacant for failing to attend any three (3) meetings in any twelve (12) month period, unless the absence is the result of illness or family emergency, or removal of the Commissioner from office would otherwise be prohibited by law. In the event that a Commissioner is unable to atlcnd a meeting due to illness or family emergency, the Commissioner shall inform the City Manager or the Community Development Director at the earliest opportunity before the meeting in order for the absence to be excused. The commission shall immediately inform the City Council of such vacancy. Vacancies on the Planning Commission from whatever cause shall be filled by the City Council for the unexpired term. (Ord. 579, 2- 17-2009)
AGENDA ITEM: Council Authorize the Establishment of a Tax Sharing AdHoc Committee.
MEETING DATE: June 17, 2025
PREPARED BY: Jose Antonio Ramirez, City Manager
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:
Staff recommends City Council:
1. Establish a Tax Sharing Ad-Hoc Committee (Two members of the City Council) to negotiate a tax sharing agreement between the City and Merced County.
2. Establish a sunset provision which will take effect on June 17, 2026. Should City Council desire to continue, it will be necessary to amend the established resolution.
BACKGROUND:
An ad hoc committee in local government is a temporary committee formed for a specific purpose or task and is usually composed of members appointed from among the members of a larger governing body, such as city councilmembers. Ad hoc committees are formed to investigate and address issues, problems or projects that are outside the scope of existing committees or standing committees.
Historically, the City and County have entered into a multi-year tax sharing agreement (TSA) to streamline compliance with the annexation requirements found in State law and to address various other issues as desired by both parties.
On June 6, 1978, the voters of the State of California amended the California Constitution by adding Article XIIIA (Proposition 13) which essentially capped the annual amount of property taxes to 1 percent of assessed value for all local governments (cities, counties, schools and special districts) serving a property.
Previously, each individual local government had the ability to annually set rates and levy property taxes. Before Proposition 13 the average property tax rate in California was 2.67 percent.
In addition, property taxes were based on the market value of property – that is, the price for which it could be sold. Under Proposition 13, property taxes are based on a property’s purchase price. In each year after a purchase, the property’s taxable value for property tax purposes increases by 2 percent, or the rate of inflation, whichever is lower. This process continues until the property is sold and again is taxed at its purchase price.
Because of the capped tax rate and the value to which it was applied, property tax payments to all local governments dropped by roughly 60 percent.
To determine how much tax revenue each local government would receive from the lower rate, the property tax each local government in the county received before Proposition 13 was divided by the property tax raised by all local governments countywide before Proposition 13. This calculation provided each local government’s percentage share of the 1 percent tax rate.
Because of the significant reduction in property tax revenue, all individual local governments had to make budget adjustments and/or rely on other revenue sources. To assist counties in this regard the California Legislature added Section 99 to the California Revenue and Taxation Code which requires a city seeking to annex property to its incorporated territory and a county affected by such annexation to have in place a property tax sharing agreement before annexation can occur.
Annexations are typically done so that water and sewer service and infrastructure (curbs, gutters, sidewalks and streets) can be provided to areas as they develop.
ANALYSIS:
On September 21, 2004 the Merced County Board of Supervisors adopted a master property tax sharing agreement with the City of Livingston but canceled it on July 1, 2009 because the 2025 Livingston General Plan set a policy direction for the future growth of the City of Livingston that was fundamentally in conflict with the County General Plan. That issue has been resolved, and the City of Livingston has been negotiating with the County for several years (since 2009) on a new property tax sharing agreement.
FISCAL IMPACT:
There is no direct fiscal impacts associated with the creation of an ad hoc committee.
PERSONNEL IMPACTS:
Staff liaisons for the committee would be Jose Antonio Ramirez, City Manager, Happy Bains, Finance Director & Monica Cisneros, Assistant to City Manager.
ATTACHMENTS
Resolution
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON ESTABLISHING
THE CREATION OF A TAX SHARING AD-HOC COMMITTEE, WITH A SUNSET PROVISION OF JUNE 17, 2026; AND, PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City of Livingston has been in continuous negotiations with the County of Merced as it relates to the Tax Sharing since 2009.; and
WHEREAS, The City of Livingston is abiding by Section 99 of the California Revenue and Tax Code as it seeks to grow and develop, it is vital that a Tax Sharing Agreement be in place; and WHEREAS, At the request of the City Council, staff are proposing the creation of a Tax Sharing Agreement Ad-Hoc Committee; and
WHEREAS, Given the City’s current administrative project load, staff believes it will take several months to negotiate palatable terms with the County of Merced, collect information, meet with affected parties and stakeholders, and eventually provide a recommendation. Staff proposes that the Council appoint an ad hoc committee for this purpose. Two members of the City Council would work directly with staff to review material, and engage stakeholders; and WHEREAS, This resolution and ad-hoc committee will expire on June 17, 2026, unless extended by action of the City Council; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Livingston as follows:
Section 1. The City Council of the City of Livingston Adopts a Resolution.
Section 2. The City Council of the City of Livingston does hereby create the Tax Sharing ad-hoc committee created to address a specific need.
Section 3. The formation of a temporary committee is being formed to address the need to put in place a tax sharing agreement.
Section 4. That the Tax Sharing ad-hoc committee shall consist of 2 council members, City Manager, Finance Director and Assistant to the City Manager.
Section 5. This Resolution will become effective immediately.
I hereby certify that the foregoing Resolution No. 2025-___is a full, true, and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 17th day of June 2025, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Jose A. Moran, Mayor
of City of Livingston
ATTEST
Monica Cisneros, Deputy City Clerk
APPROVED AS TO LEGAL FORM
________________________
Roy C. Santos, City Attorney
AGENDA ITEM: Fiscal Year 2025/26 Proposed Budget
MEETING DATE: June 17,2025
PREPARED BY: Happy Bains, Assistant City Manager/Finance Director REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:
Staff recommends the City Council:
1. Consider a Resolution adopting the Annual Budget for Fiscal Year 2025/2026 and the Appropriation Limit for Fiscal Year 2025/2026.
BACKGROUND AND DISCUSSION:
The City of Livingston’s Municipal Code requires that an annual budget be submitted to the City Council for their review and approval based upon estimates of the financial needs and resources of the City.
The Paul Gann Act (Gann Limit), formally known as Proposition 4, amended the California Constitution by adding Article XIII B, which limits how much tax revenue state and local governments can spend each fiscal year. These limits are based on the prior year’s appropriations adjusted for changes in population and inflation as measured by California per capita income growth. The goal is to cap expenditures at a level that reflects economic and demographic shifts rather than political discretion.
This restriction applies to all governmental entities, including cities, counties, school districts and special districts. If a government body collects more revenue than allowed, it cannot allocate the excess to new programs. Instead, surplus funds must be handled according to specific rules, reinforcing fiscal discipline.
The Gann Limit calculation which is attached shows there is no limit on expenditure of the estimated taxes to be received in 2025/2026.
FISCAL IMPACT
Total estimated revenue for all City funds is $64.8 million and total estimated expense for all City funds is $75.4 million. The spreadsheets contained in the proposed budget reflect the estimated revenue and expense for each fund.
ATTACHMENTS
1. Proposed FY 2025/2026 Budget – City Website – www.cityoflivingston.org
2. Resolution Adopting the FY 2025/2026 Budget and Appropriations Limit
3. Appropriations Limit Calculation
4. Errata Sheet
RESOLUTION 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON ADOPTING THE ANNUAL BUDGET FOR FISCAL YEAR 2025/2026 AND THE APPROPRIATION LIMIT FOR FISCAL YEAR 2025/2026
WHEREAS, City Management of the City of Livingston has prepared and submitted to the City Council of the City of Livingston a Proposed Budget for the Fiscal Year commencing July 1, 2025, and ending June 30, 2026 (“Proposed Budget”) and,
WHEREAS, the City Council of the City of Livingston has received public input and has thoroughly reviewed the Proposed Budget; and,
WHEREAS, it is the intention of the City Council to adopt the Proposed Budget, including any modifications, as the Budget for the Fiscal Year (FY) 2025/2026(“Final Budget”).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LIVINGSTON AS FOLLOWS:
1. The Final Budget for the City of Livingston for the Fiscal Year beginning July 1, 2025 and ending June 30, 2026, is hereby approved and adopted.
2. The sums of money therein set forth are hereby appropriated from the revenues of the City to the departments, functions, and funds therein set forth for expenditures during the FY 2025/2026.
3. Capital Improvement Projects revenue and unspent appropriation actual carryover budget amounts from 2024/2025 shall be recalculated and updated to reflect balances as of June 30, 2025 and are hereby incorporated as part of the 2025/2026 approved budget.
4. Grant Funds received and appropriated and unspent appropriation actual carryover budget amounts from 2024/2025 shall be recalculated and updated to reflect balances as of June 30, 2025 and hereby incorporated as part of the 2025/2026 approved budget.
5. State Law requires that an Appropriations Limit be adopted annually by the City Council.
Article XIII B of the California constitution which places certain restrictions on appropriations made by local governments and restrictions are applicable to appropriations that met the definition of “Proceeds of Taxes”. The law allows the option to select the factors to be used to calculate the Annual Appropriations Limit. For one of the factors the City must select between: (A) the change in the State per capita income; or (B) the change in the assessed valuation of local nonresidential construction, and the City has selected the change in the State per capita income. The appropriations subject to limitation in Fiscal Year 2025/2026 shall be as set forth on and as calculated on Exhibit “A” attached hereto and made a part hereof.
6. The City Council hereby authorizes the Finance Director to advance from Pooled Cash funds to cover expenditures, for which revenues will be received at a later date.
Attachment 2 Attachment 2
7. The City Manager or City Manager’s designee is authorized to make transfers of budget appropriations between classifications and activities within a fund to purchase such items and services needed to accomplish those purposes set forth in the Budget document and to insure the efficient and effective administration of City services.
8. The Finance Director is authorized to revise revenue budgets and appropriations throughout the fiscal year based on actuals received from the Office of Emergency Services.
9. Estimated carryover balances as of June 30, 2025 shall be recalculated when actuals are determined and appropriations from estimated carryover balances will be updated to reflect actual amounts.
10. All resolutions and parts of resolutions in conflict herewith, including, but not necessarily limited to, such resolutions or parts of resolutions relating to compensations, allowances or benefits as may be in conflict herewith are hereby expressly repealed.
11. This resolution shall be effective immediately upon adoption, but shall be operative as of July 1, 2025.
Passed and adopted this 17th day of June 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Jose Moran
Mayor of the City of Livingston
ATTEST:
I hereby certify, that the foregoing resolution was regularly introduced, passed and adopted at a special meeting of the City Council of the City of Livingston this 17th day of June 2025. ______________________________
Monica Cisneros, Deputy City Clerk
APPROVED AS TO LEGAL FORM
____________________________
Roy C. Santos, City Attorney
ATTACHMENT 3
ARTICLE XIII B- APPROPRIATIONS LIMIT FOR THE CITY OF LIVINGSTON FOR FISCAL YEAR 2025/2026
Appropriation limit for fiscal year 2024/2025 $ 7,485,874 County Population January 2024 291,752
County Population January 2025 293,080
Population change: 0.5%
California per Capita Personal Income Change: 6.44%
Calculation of Factors for FY2025/26
Per Capita Cost of Living converted to a ratio: 6.44% +100/100 1.0644 Population converted to ratio: .50% +100/100 1.005
Calculation of limit for FY2025/2026
Appropriation Limit for Fiscal Year 2025/2026 1.0644 x 1.005 1.0697 $ 8,007,639 2025/2026 Projected Revenues Subject To Appropriation
Limit:
Taxes $ 5,058,197
Other Agencies (State Subventions) 2,368,590
Interest 92,564
Total $ 7,519,351
Estimated revenues to be received during 2025/2026 will not exceed the appropriation limit.
Computed Cost of Living Factor Using Per Percentage Change in Per Capita Personal Income As Provided By the State of California Department of Finance - May 2025
AGENDA ITEM: Resolution Approving a Legal Agreement with the Law Firm of Burke, Williams & Sorensen, LLP to Provide City Attorney Legal Services for the City of Livingston and Legal Counsel for the City of Livingston Successor Agency, the City of Livingston Planning Commission, the City of Livingston Public Financing Authority, and all other City Boards and/or Commissions
MEETING DATE: June 17, 2025
PREPARED BY: Jose Antonio Ramirez, City Manger
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION
Resolution Approving a Legal Agreement with the Law Firm of Burke, Williams & Sorensen, LLP to Provide City Attorney Legal Services for the City of Livingston and Legal Counsel for the City of Livingston Successor Agency, the City of Livingston Planning Commission, the City of Livingston Public Financing Authority, and all other City Boards and/or Commissions.
BACKGROUND
On April 18, 2025, the City of Livingston released a Request for Proposals (RFP) for legal services which closed on May 9, 2025. The City of Livingston received four (4) proposals for providing general city attorney services.
A total of two (2) firms were invited to participate in interviews, and after receiving Council direction, the City Manager and Burke, Williams & Sorensen, LLP coordinated the preparation of the attached legal services agreement for general legal services.
Under the terms of the agreement, the City of Livingston would engage Burke, Williams & Sorensen, LLP for legal services with the proposed hourly rates included below.
CLASSIFICATION
HOURLY RATES
Legal Services
Associates: $290.00
Partners: $330.00
Paralegal/Law Clerk $190
Reimbursable Legal
Services
Associates: $325.00
Partners: $375.00
Paralegal/Law Clerk: $225.00
Travel Time 70 cents per mile (or current IRS rate)
In-office
photocopying/page: .20
I
In-office color
photocopying/page $1.00
Facsimile
charges/page: $1.00
FISCAL IMPACT
Fiscal Year 2025/26 budget includes funding for City Attorney Services.
ATTACHMENTS
1. Resolution
2. Contract Services Agreement
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING A
LEGAL AGREEMENT WITH THE LAW FIRM OF BURKE, WILLIAMS & SORENSEN, LLP TO
PROVIDE CITY ATTORNEY LEGAL SERVICES FOR THE CITY OF LIVINGSTON AND
LEGAL COUNSEL FOR THE CITY OF LIVINGSTON SUCCESSOR AGENCY, THE CITY OF
LIVINGSTON PLANNING COMMISSION, THE CITY OF LIVINGSTON PUBLIC FINANCING
AUTHORITY, AND ALL OTHER CITY BOARDS AND/OR COMMISSIONS WHEREAS, per Government Code Section 36505, the City Council has the authority to make an appointment to the position of City Attorney.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston, that:
1. The City Council hereby appoints the law firm of Burke, Williams & Sorensen, LLP, as the City Attorney for the City of Livingston and Legal Counsel for the City of Livingston Successor Agency, the City of Livingston Planning Commission, the City of Livingston Public Financing Authority, and all other City boards and/or commissions.
2. The City Council hereby approves the Legal Services Agreement with Burke, Williams & Sorensen, LLP, attached hereto as Exhibit “A” and incorporated herein by reference, and authorizes and directs the Mayor to sign the Legal Services Agreement on behalf of the City.
This Resolution shall take effect from and after the date of its passage.
I hereby certify that the foregoing Resolution No. 2025-___ is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 17th day of June, 2025, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Jose A. Moran, Mayor
of City of Livingston
ATTEST
Monica Cisneros, Deputy City Clerk
Of the City of Livingston
APPROVED AS TO LEGAL FORM
________________________
Roy C. Santos, City Attorney
June 12, 2025
Jose A. Ramirez, City Manager
City of Livingston
1416 C Street
Livingston, CA 95334
Re: Legal Services Agreement
Dear Mr. Ramirez:
We are pleased to represent City of Livingston with respect to the matters described in this Agreement. The following sets forth the terms pursuant to which BURKE, WILLIAMS & SORENSEN, LLP (“Burke”) and City of Livingston (“Client”) agree that Burke will provide legal services to Client. The hallmark of any productive professional relationship is effective communication, and we would invite you to contact us at any time during or after our representation with regard to any questions you may have associated with our representation or the matters described herein.
1. CONDITIONS. This Agreement will not take effect, and Burke will have no obligation to provide legal services, until Client returns a signed copy of this Agreement and pays the deposit called for under Paragraph 5. The effective date of this Agreement will be June 17, 2025.
2. SCOPE OF SERVICES. Client hires Burke to provide legal services in the matters set forth in Attachment “A” to this Agreement. No representation outside of the matters set forth in Attachment “A” to this Agreement shall be provided by Burke to Client. No representation of any directors, officers, employees, shareholders, or any other persons or entities affiliated with Client shall be provided unless such representation is expressly included in Attachment “A” to this Agreement. Burke will provide those legal services reasonably required to represent Client. Burke will take reasonable steps to keep Client informed of progress and to respond to Client’s inquiries. If a court action is filed, Burke will represent Client through trial and post-trial motions. This Agreement does not cover representation on appeal or in execution proceedings after judgment. Separate arrangements must be agreed to for those services. Services in any matter not described above will require a separate written agreement or a written modification to this Agreement.
3. CLIENT’S DUTIES. Client agrees to be truthful with Burke, to cooperate, to keep Burke informed of any information or developments which may come to Client’s attention, to abide by this Agreement, to pay Burke’s bills on time, and to keep Burke advised of Client’s address, telephone number, and whereabouts. Client will assist Burke in providing necessary information and documents and will appear when necessary at legal proceedings.
4. CONFLICTS OF INTEREST. Before accepting representation of Client, Burke has undertaken reasonable and customary efforts to determine whether there are any potential conflicts of interest or adversity of positions between Client and any other person or entity that would bar Burke from representing Client in general or in any of the specific matters listed in Attachment “A”. Burke has reviewed this issue in accordance with the Rules of Professional Conduct adopted in California. Burke believes that those rules, rather than the rules of any other jurisdiction, are applicable to Client’s representation. Client’s execution and return of the enclosed copy of this letter represents an express agreement to the applicability of the Rules of Professional Conduct adopted in California to any and all representation arising under this Agreement.
5. [RESERVED].
6. LEGAL FEES AND BILLING PRACTICES. Client agrees to pay by the hour at Burke’s prevailing rates for all time spent on Client’s matter by Burke’s legal personnel. Current hourly rates for legal personnel are set forth in Attachment “B” to this Agreement.
Burke’s rates are subject to change on 30 days’ written notice to Client. Rates shall automatically increase annually on January 1 of each year as set forth in Attachment “B” to this Agreement. If Client declines to pay increased rates, Burke will have the right to withdraw as attorney for Client.
The time charged will include the time Burke spends on telephone calls relating to Client’s matter, including calls with Client, witnesses, opposing counsel or court personnel. The legal personnel assigned to Client’s matter may confer among themselves about the matter, as required and appropriate. When they do confer, each person will charge for the time expended, as long as the work done is reasonably necessary and not duplicative. Likewise, if more than one of the legal personnel attends a meeting, court hearing or other proceeding, each will charge for the time spent. Burke will charge for waiting time in court and elsewhere and for travel time, both local and out-of-town.
7. COSTS AND OTHER CHARGES.
(a) Burke will incur various costs and expenses in performing legal services under this Agreement. Client agrees to pay for all costs, disbursements and expenses in addition to the hourly fees. The costs and expenses commonly include: service of process charges, filing fees, court and deposition reporters’ fees, jury fees, notary fees, deposition costs, long distance telephone charges, messenger and other delivery fees, postage, photocopying and other reproduction costs, travel costs including parking, mileage, transportation, meals and hotel costs, investigation expenses, consultants’ fees, expert witness, professional, mediator, arbitrator and/or special master fees, unavoidable administrative staff and secretarial overtime, and other similar items.
Except for the items listed below, all costs and expenses will be charged at Burke’s cost.
In-office photocopying/page: $ .20
In-office color photocopying/page $ 1.00
Facsimile charges/page: $ 1.00
Mileage/mile: $ .70 (per IRS notices)
(b) Travel. Client will be charged the hourly rates for the time legal personnel spend traveling from Burke’s San Jose Office.
(c) Experts, Consultants and Investigators. To aid in the preparation or presentation of Client’s case, it may become necessary to hire expert witnesses, consultants, investigators, and outsourced support services. Client agrees to pay such fees and charges. Burke will select any expert witnesses, consultants, investigators or support services to be hired, and Client will be informed of persons chosen and their charges.
Additionally, Client understands that if the matter proceeds to court action or arbitration, Client may be required to pay fees and/or costs to other parties in the action.
Any such payment will be entirely the responsibility of Client.
8. BILLING STATEMENTS. Burke will send Client periodic statements for fees and costs incurred. Each statement will be payable within 30 days of its mailing date. Client may request a statement at intervals of less than 30 days. If Client so requests, Burke will provide one within 10 days. The statements shall include the amount, rate, basis of calculation or other method of determination of the fees and costs, which costs will be clearly identified by item and amount.
9. INTEREST CHARGES. If a billing statement is not paid by its due date, interest will be charged on the principal balance (fees, costs, and disbursements) shown on the statement. Interest will be calculated by multiplying the unpaid balance by the periodic rate of .833% per month (TEN PERCENT [10%] ANNUAL PERCENTAGE RATE). The unpaid balance will bear interest from the date of the invoice until paid.
10. LIEN. Client hereby grants Burke a lien on any and all claims or causes of action that are the subject of the representation under this Agreement. The lien will be for any sums owing to Burke at the conclusion of services performed. The lien will attach to any recovery Client may obtain, whether by arbitration award, judgment, settlement or otherwise. The effect of such a lien is that Burke may be able to compel payment of fees and costs from any such funds recovered on behalf of Client even if Burke has been discharged before the end of the case. Because a lien may affect Client’s property rights, Client may seek the advice of an independent lawyer of Client’s choice before agreeing to such a lien. By initialing this paragraph, Client represents and agrees that Client has had a reasonable opportunity to consult such an independent lawyer and—whether or not Client has chosen to consult such an independent lawyer— Client agrees that Burke will have a lien as specified above. ________(Client Initial Here) _____(Burke Initial Here)
11. DISCHARGE AND WITHDRAWAL. Client may discharge Burke at any time. Burke may withdraw with Client’s consent or for good cause. Good cause includes Client’s breach of this Agreement, refusal to cooperate or to follow Burke’s advice on a material matter or any fact or circumstance that would render Burke’s continuing representation unlawful or unethical. When Burke’s services conclude, all unpaid charges will immediately become due and payable. After services conclude, Burke will, upon Client’s request, deliver Client’s file, and property in Burke’s possession unless subject to the lien provided in Paragraph 10 above, whether or not Client has paid for all services.
12. DOCUMENT RETENTION POLICY. Client is entitled upon written request to any files in Burke’s possession relating to the legal services performed by Burke for Client, excluding Burke’s internal accounting records and other documents not reasonably necessary to Client’s representation, subject to Burke’s right to make copies of any files withdrawn by Client. Once a matter is concluded, Burke will close the file, and Client will receive notice thereof. Client’s physical files may be sent to storage offsite, and thereafter there may be an administrative cost for retrieving them from storage. Thus, it is recommended that Client request the return of a file at the conclusion of a matter. Under Burke’s document retention policy, Burke normally
destroys files five (5) years after a matter is closed, unless other arrangements are made with Client.
All client-supplied materials and all attorney end product (referred to generally as “client material”) are the property of Client. Attorney end product includes, for example, finalized contracts, pleadings, and trust documents. Attorney work product is the property of Burke. Attorney work product includes, for example, drafts, notes, internal memoranda and electronic files, and attorney representation and administration materials, including attorney-client correspondence and conflicts materials.
After the close of a matter, Burke will notify Client of any client materials that remain in Burke’s possession. Client will be invited to retrieve these client materials within 45 days of notice, or Client may direct Burke to forward the client materials to Client, at Client’s expense. If within 45 days of this notice Client fails to retrieve the client materials or request Burke to forward them, Client authorizes Burke to destroy the client materials.
After the 45-day period, Burke will, consistent with all applicable rules of professional conduct, use its discretion as to the retention or destruction of all attorney work product and any client materials that remain with Burke.
13. TECHNOLOGY. At its discretion, unless otherwise stated, Burke will employ technology to facilitate electronic discovery. This may include scanning of paper documents, culling of documents, converting electronically stored information into a format suitable for review, the usage of electronic review software, etc. Applicable associated costs, including electronic storage and transfer costs, will be billed to Client.
Burke uses artificial intelligence tools known as Co-Counsel 1.0 and Co-Counsel
2.0 in the representation of Client. The tools do not permit the vendor (Thomson Reuters) to acquire ownership or control or to use information for the vendor’s purposes outside the protection of the attorney-client privilege or the attorney work product doctrine. Burke continues to maintain control over Client’s confidential information during the use of the tools mentioned here. Burke’s AI policy does not authorize the use of any other generative or agentic AI.
14. DISCLAIMER OF GUARANTEE AND ESTIMATES. Nothing in this Agreement and nothing in Burke’s statements to Client will be construed as a promise or guarantee about the outcome of the matter. Burke makes no such promises or guarantees. Burke’s comments about the outcome of the matter are expressions of
opinion only. Any estimate of fees given by Burke shall not be a guarantee. Actual fees may vary from estimates given.
15. MEDIATION/ARBITRATION; WAIVER OF JURY TRIAL. If a dispute arises out of or relating to any aspect of this Agreement between Client and Burke, or the breach thereof, and if the dispute cannot be settled through negotiation, Burke and Client agree to discuss in good faith the use of mediation before resorting to arbitration, litigation, or any other dispute resolution procedure. Nothing herein shall limit or otherwise affect your right under Sections 6200-6206 of the California Business and Professions Code to request arbitration of any fee dispute by an independent, impartial arbitrator or panel of arbitrators through a bar association program created solely to resolve fee disputes between lawyers and clients. However, should discussions, mediation or the non-binding arbitration provided through a local bar association program not resolve the dispute, the dispute shall be determined by binding arbitration before the American Arbitration Association under its then prevailing commercial arbitration rules, except that discovery may be taken in that arbitration pursuant to the California Code of Civil Procedure. The claims or controversies subject to this provision shall include, without limitation, any claim of professional negligence or malpractice.
The arbitration shall be held in San Francisco, California, unless we mutually select another venue, and judgment may be entered upon the arbitrator’s award by any court having jurisdiction. Should you refuse or neglect to appear or participate in the arbitration proceedings, the arbitrator is empowered to decide the claim or controversy in accordance with the evidence presented. You should realize that by accepting the arbitration provision, YOU WILL WAIVE YOUR RIGHT TO A JURY TRIAL AND THE
RIGHT, EXCEPT UNDER LIMITED CIRCUMSTANCES, TO APPEAL THE ARBITRATOR’S DECISION.
________(Client Initial Here) _____(Burke Initial Here)
16. ATTORNEYS’ FEES CLAUSE. The prevailing party in any action or proceeding arising out of or to enforce any provision of this Agreement, with the exception of a fee arbitration or mediation under Business and Professions Code Sections 6200-6206, will be awarded reasonable attorneys’ fees and costs incurred in that action or proceeding, or in the enforcement of any judgment or award rendered.
17. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.
18. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.
19. MODIFICATION BY SUBSEQUENT AGREEMENT. This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them, or an oral agreement only to the extent that the parties carry it out.
20. EFFECTIVE DATE. This Agreement will govern all legal services performed by Burke on behalf of Client commencing with the date Burke first performed services. The date at the beginning of this Agreement is for reference only. Even if this Agreement does not take effect, Client will be obligated to pay Burke the reasonable value of any services Burke may have performed for Client.
THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM AS OF THE DATE BURKE FIRST PROVIDED SERVICES. IF
MORE THAN ONE CLIENT SIGNS BELOW, EACH AGREES TO BE LIABLE, JOINTLY AND SEVERALLY, FOR ALL OBLIGATIONS UNDER THIS AGREEMENT. CLIENT SHALL RECEIVE A FULLY EXECUTED DUPLICATE OF THIS AGREEMENT.
DATED:_________________ CITY OF LIVINGSTON
By:
Jose A. Ramirez
City Manager
DATED:_________________ BURKE, WILLIAMS & SORENSEN, LLP By:
John J. Welsh
Managing Partner
Enclosure: return copy
Attachment “A”
1. Designation of City Attorney. Burke shall perform the duties generally described in California Government Code sections 41801-41805, with Marc Barraza Tran serving as City Attorney.
2. Basic Legal Services. Burke shall provide the following “Basic Legal Services” to serve City:
(a) Attendance at meetings of the City Council (including regular sessions, closed sessions, special meetings, and as needed work sessions). (b) Attendance, as needed and as directed by the City Council and/or City Manager, at meetings of the City's Commissions or other City committees. (c) Review and/or preparation of ordinances, resolutions, orders, agreements, forms, notices, declarations, certificates, deeds, leases, and other documents as required by City.
(d) Consultation with the City Council and City staff as needed, as well as rendering of legal advice and opinions concerning legal matters that affect the City, including new legislation and court decisions. Performance of research and interpretation of laws, court decisions, and other legal authorities in order to prepare legal opinions and to advise the Council and management staff on legal matters pertaining to City operations.
(e) Legal work pertaining to routine issues related to property acquisition, zoning, property disposal, public improvements, public rights-of-way and easements, and matters relating to public utilities.
(f) Coordination and management of the work of outside legal counsel as needed and as directed by the City Council and/or City Manager. (g) Office hours at City Hall as requested by the City Council or City Manager.
3. Special Legal Services. Services not defined as Basic Legal Services in Paragraph 2 above will be considered “Special Legal Services” and will be undertaken as such upon agreement of Burke and the City, through the City Council or City Manager. Special Legal Services generally are complex in nature (as opposed to
routine), and require significant amounts of work, and/or engagement of special counsel. Special Legal Services may include, but are not limited to:
(a) Litigation. Any litigation, arbitration, mediation, code enforcement, criminal prosecution commenced or defended by City, including disciplinary appeals and/ or grievances.
(b) Personnel. Counsel and representation regarding employment and labor matters.
(c) Eminent Domain. Counsel and representation in matters involving the City's attempted or actual exercise of its powers of eminent domain. (d) Development and/or Real Estate. All advice, counsel and representation of City in matters involving complex and ongoing real estate and development transactions, including drafting and negotiating purchase and sale agreements, leases, development agreements, deed restrictions, regulatory agreements, loan/ financing agreements, subordination agreements, public improvement agreements, and water use agreements.
(e) Land Use. All advice, counsel and representation of City in land use permitting and entitlement of property and related environmental review as required by California Environmental Quality Act or National Environmental Policy Act. (f) Environmental Matters. All advice, counsel and representation of City in environmental matters, including issues related to the Endangered Species Act, environmental permitting and regulations, Clean Water Act, and NDPES compliance. (g) Other: Legal advice or representation regarding any project or issue that is particularly complex and requires the ongoing assistance of special counsel within Burke, and other duties as assigned by the City Council or City Manager as Special Legal Services.
Attachment “B”
Rates for Attorneys and other timekeepers through December 31, 2026.
General Hourly Rates
These rates apply to all non-reimburseable legal services. $330 Partners
$290 Associates
$190 Law Clerks
$190 Paralegals
Reimbursable Hourly Rates
Reimbursable services are legal services provided to or at the request of the City, for which the City may obtain reimbursement from a third party (e.g., from the applicant for a development project).
$375 Partners
$325 Associates
$225 Law Clerks
$225 Paralegals
Effective each January 1, the foregoing base rates shall be increased based on the U.S. Department of Labor Bureau of Labor Statistics Los Angeles-Riverside-Orange County Consumer Price Index-All Urban Consumers (“CPI-U”), using the CPI-U for each prior October as the base and the value to escalate the hourly rates in the ratio of the most recent October CPI-U value, rounded up to the nearest $5 increment.
The U.S. Dept. of Labor Bureau of Labor Statistics (BLS) website will be the source of the data utilized (if the URL is changed, the parties shall agree on the replacement web page to be as close as reasonably possible to the page detailed herein): http://data.bls.gov/PDQ/servlet/SurveyOutputServlet?data_tool=dropmap&series_id=CUURA421SA0,CUUSA421SA0