HomeMy WebLinkAboutE-04 Staff Report - Agreement with LDM CDBG and Labor Compliance Admin ServicesCONSENT ITEM
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TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: MATT MARQUEZ, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR
DATE: JUNE 17, 2019
SUBJECT: REQUEST TO APPROVE PROFESSIONAL SERVICES AGREEMENT WITH LDM
ASSOCIATES, INC. FOR ADMINISTRATIVE AND LABOR COMPLIANCE
SERVICES FOR THE CITY OF AZUSA COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROGRAM
SUMMARY:
Due to the complex and specialized nature of CDBG project administration, the Economic and
Community Development Department currently lacks the level of Staff experience to effectively manage
and administer the City’s CDBG projects in an efficient and expeditious manner. On April 1, 2019 the
Azusa City Council authorized the release of a Request for Proposals (RFP) to establish a list of
qualified consultants to provide administrative and labor compliance services for the City‘s Community
Development Block Grant (CDBG) program. Responses to the RFP were due on May 6, 2019. Three
(3) consulting firms (LDM Associates, Inc., Willdan, and PPM Group) responded to the RFP and each
proposal was reviewed, rated, and ranked by a panel of three staff members of the Economic &
Community Development Department (ECD). The proposals were ranked based on the following
criteria:
1.Experience & Qualifications
2. Project Approach
3.Team Member Experience
4. Compensation
5.Overall Quality
The two highest ranked firms (LDM and Willdan) were interviewed by the panel of three ECD staff
members. At the conclusion of the interview process, staff determined that LDM Associates, Inc. is the
firm best qualified to assist the City with the subject matter. Therefore, staff is recommending the
selection of LDM Associates Inc. to administer the City’s CDBG program. This recommended action
includes approval of a professional services agreement with LDM covering a three year period. The
2019-2020 budget for the subject work would not exceed $40,000.
APPROVED
CITY COUNCIL
6/17/2019
Approve Professional Services Agreement – CDBG Administration & Labor Compliance
June 17, 2019
Page 2
LDM currently assists the City with administering its CDBG program. LDM’s current agreement
expires on June 30, 2019. Over the course of their current contract, LDM has provided the City with
exemplary work and service. Their understanding of Azusa, overall experience, and past work with
relevant regulatory agencies has led to routine compliance with applicable regulations and efficient
completion of projects. It is for these reasons that staff is recommending that LDM Associates, Inc. be
selected to administer the Azusa CDBG program moving forward.
RECOMMENDATION
Staff recommends that the City Council take the following action:
1. Approve a Professional Services Agreement with LDM Associates, Inc. for Community
Development Block Grant (CDBG) administrative and labor compliance services in an amount
not to exceed $40,000 for FY 2019-20; and
2.Authorize the City Manager to execute the agreement, in a form acceptable to the City Attorney,
on behalf of the City.
FISCAL IMPACT:
Consultant services will be funded by CDBG funds with General Funds to augment gap. The agreement
will be funded using $25,000 in CDBG funds and the General Fund will fund the remaining $15,000.
Prepared by:
Mat Marquez
Director of Economic and Community Development
Fiscal Reviewed by: Reviewed and Approved by:
Talika M. Johnson Sergio Gonzalez
Director of Finance City Manager
Attachments:
1)Professional Service Agreement with LDM Associates
2) RFP for CDBG Administrative and Labor Compliance Services
3) LDM Proposal
CITY OF AZUSA
PROFESSIONAL SERVICES AGREEMENT
LDM ASSOCIATES, INC.
COMMUNITY DEVELOPMENT BLOCK GRANT ADMINISTRATION AND LABOR
COMPLIANCE SERVICES
1.PARTIES AND DATE.
This Agreement is made and entered into this ____ day of ________________, 20___ by
and between the City of Azusa, a municipal corporation organized under the laws of the State of
California with its principal place of business at 213 East Foothill Boulevard, Azusa, California
91702 (“City”) and LDM ASSOCIATES, INC., a CORPORATION organized and existing
under the laws of the State of California with its principal place of business at 10722 Arrow
Route, Suite 822, Rancho Cucamonga CA 91730 (“Consultant”). City and Consultant are
sometimes individually referred to herein as “Party” and collectively as “Parties.”
2.RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing COMMUNITY Development
Block Grant Administration and Labor Compliance Services to public clients, is licensed in the
State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the Community
Development Block Grant Administration project (“Project”) as set forth in this Agreement.
3.TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional Community Development Block Grant
Administration and Labor Compliance consulting services necessary for the Project (“Services”).
The Services are more particularly described in the proposal attached hereto and incorporated
herein by reference. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable
local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2019 to June 30,
2022, unless earlier terminated as provided herein. Consultant shall complete the Services
within the term of this Agreement, and shall meet any other established schedules and deadlines.
The Parties may, by mutual written consent, extend the term of this Agreement if necessary to
complete the Services.
Attachment 1
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of
this Agreement. Any additional personnel performing the Services under this Agreement on
behalf of Consultant shall also not be employees of City and shall at all times be under
Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Consultant shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, disability insurance, and workers’
compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in the Proposal attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to perform the
Services in conformance with such conditions. In order to facilitate Consultant’s conformance
with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon
request of City, Consultant shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other personnel of
at least equal competence upon written approval of City. In the event that City and Consultant
cannot agree as to the substitution of key personnel, City shall be entitled to terminate this
Agreement for cause. As discussed below, any personnel who fail or refuse to perform the
Services in a manner acceptable to the City, or who are determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a
threat to the safety of persons or property, shall be promptly removed from the Project by the
Consultant at the request of the City. The key personnel for performance of this Agreement are
as follows: Rudy E. Munoz, Senior Vice President; Tina Gall, Manager; and Daniel Perez,
Associate.
3.2.5 City’s Representative. The City hereby designates Matt Marquez, of
Economic and Community Development Director or his or her designee, to act as its
representative for the performance of this Agreement (“City’s Representative”). City’s
Representative shall have the power to act on behalf of the City for all purposes under this
Contract. Consultant shall not accept direction or orders from any person other than the City’s
Representative or his or her designee.
3.2.6 Consultant’s Representative. Consultant hereby designates Mr. Rudy E.
Munoz, Senior Vice President, or his/her designee, to act as its representative for the
performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative
shall have full authority to represent and act on behalf of the Consultant for all purposes under
this Agreement. The Consultant’s Representative shall supervise and direct the Services, using
his/her best skill and attention, and shall be responsible for all means, methods, techniques,
sequences and procedures and for the satisfactory coordination of all portions of the Services
under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City’s staff, consultants and other
staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Consultant represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Services, including a City Business License, and that such licenses and approvals shall be
maintained throughout the term of this Agreement. As provided for in the indemnification
provisions of this Agreement, Consultant shall perform, at its own cost and expense and without
reimbursement from the City, any services necessary to correct errors or omissions which are
caused by the Consultant’s failure to comply with the standard of care provided for herein. Any
employee of the Consultant or its sub-consultants who is determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat
to the safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant
and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Period of Performance. Consultant shall perform and complete all Services
under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).
Consultant shall also perform the Services in strict accordance with any completion schedule or
Project milestones described in the Proposal attached hereto, or which may be separately agreed
upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that
if the Services are not completed within the aforementioned Performance Time and/or pursuant
to any such Project Milestones developed pursuant to provisions of this Agreement, it is
understood, acknowledged and agreed that the City will suffer damage.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Consultant shall
keep itself fully informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable
for all violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the City, Consultant shall be solely responsible for all costs arising
therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Agreement, from any claim or liability arising out of any failure or alleged failure to comply
with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Consultant. By executing this
Agreement, Consultant verifies that it fully complies with all requirements and restrictions of
state and federal law respecting the employment of undocumented aliens, including, but not
limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to
time. Such requirements and restrictions include, but are not limited to, examination and
retention of documentation confirming the identity and immigration status of each employee of
the Consultant. Consultant also verifies that it has not committed a violation of any such law
within the five (5) years immediately preceding the date of execution of this Agreement, and
shall not violate any such law at any time during the term of the Agreement. Consultant shall
avoid any violation of any such law during the term of this Agreement by participating in an
electronic verification of work authorization program operated by the United States Department
of Homeland Security, by participating in an equivalent federal work authorization program
operated by the United States Department of Homeland Security to verify information of newly
hired employees, or by some other legally acceptable method. Consultant shall maintain records
of each such verification, and shall make them available to the City or its representatives for
inspection and copy at any time during normal business hours. The City shall not be responsible
for any costs or expenses related to Consultant’s compliance with the requirements provided for
in Section 3.2.10 or any of its sub-sections.
3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub-
subcontractors and Sub consultants. To the same extent and under the same conditions as
Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and
sub consultants performing any work relating to the Project or this Agreement to make the same
verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility; Failure to Comply. Each person
executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer
of Consultant, and understands that any of the following shall be grounds for the City to
terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants,
sub-subcontractors or sub consultants to meet any of the requirements provided for in Sections
3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with
such requirements (including in those verifications provided to the Consultant under Section
3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in
compliance with such requirements.
3.2.10.4 Labor Certification. By its signature hereunder, Consultant
certifies that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Workers’ Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.2.10.5 Equal Opportunity Employment. Consultant represents
that it is an equal opportunity employer and it shall not discriminate against any sub consultant,
employee or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities
related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination. Consultant shall also comply with all relevant provisions of
City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs
or guidelines currently in effect or hereinafter enacted.
3.2.10.6 Air Quality. To the extent applicable, Consultant must
fully comply with all applicable laws, rules and regulations in furnishing or using equipment
and/or providing services, including, but not limited to, emissions limits and permitting
requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or
California Air Resources Board (CARB). Although the SCAQMD and CARB limits and
requirements are more broad, Consultant shall specifically be aware of their application to
"portable equipment", which definition is considered by SCAQMD and CARB to include any
item of equipment with a fuel-powered engine. Consultant shall indemnify City against any
fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory
agency for violations of applicable laws, rules and/or regulations by Consultant, its sub
consultants, or others for whom Consultant is responsible under its indemnity obligations
provided for in this Agreement.
3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable,
Consultant’s Services must account for, and fully comply with, all local, state and federal laws,
rules and regulations that may impact water quality compliance, including, without limitation, all
applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the
California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws,
rules and regulations of the Environmental Protection Agency, the State Water Resources
Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances
regulating discharges of storm water; and any and all regulations, policies, or permits issued
pursuant to any such authority regulating the discharge of pollutants, as that term is used in the
Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Liability for Non-compliance. Failure to comply with the
laws, regulations and policies described in this Section is a violation of law that may subject
Consultant or City to penalties, fines, or additional regulatory requirements. Consultant shall
defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and
agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and
against any and all fines, penalties, claims or other regulatory requirements imposed as a result
of Consultant’s non-compliance with the laws, regulations and policies described in this Section,
unless such non-compliance is the result of the sole established negligence, willful misconduct or
active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(C) Training. In addition to any other standard of care
requirements set forth in this Agreement, Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to them
without impacting water quality in violation of the laws, regulations and policies described in
this Section. Consultant further warrants that it, its employees and subcontractors will receive
adequate training, as determined by City, regarding the requirements of the laws, regulations and
policies described in this Section as they may relate to the Services provided under this
Agreement. Upon request, City will provide Consultant with a list of training programs that
meet the requirements of this paragraph.
3.2.11 Insurance.
3.2.11.1 Time for Compliance. Consultant shall not commence
Services under this Agreement until it has provided evidence satisfactory to the City that it has
secured all insurance required under this section. In addition, Consultant shall not allow any
subcontractor to commence work on any subcontract until it has provided evidence satisfactory
to the City that the subcontractor has secured all insurance required under this section.
3.2.11.2 Minimum Requirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Consultant, its agents, representatives, employees or subcontractors.
Consultant shall also require all of its subcontractors to procure and maintain the same insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum
levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto);
and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as
required by the State of California and Employer’s Liability Insurance. The policy shall not
contain any exclusion contrary to the Agreement, including but not limited to endorsements or
provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24
26 or 21 29); or (2) cross liability for claims or suits by one insured against another.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with
general aggregate limit is used including, but not limited to, form CG 2503, either the general
aggregate limit shall apply separately to this Agreement/location or the general aggregate limit
shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident
for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s
Liability: Workers’ Compensation limits as required by the Labor Code of the State of
California. Employer’s Liability limits as required $1,000,000 per accident for bodily injury or
disease. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least
fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance
coverage has been renewed or extended shall be filed with the City. If such coverage is
cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written
notice of such cancellation or reduction of coverage, file with the City evidence of insurance
showing that the required insurance has been reinstated or has been provided through another
insurance company or companies. In the event any policy of insurance required under this
Agreement does not comply with these specifications or is canceled and not replaced, the City
has the right but not the duty to obtain the insurance it deems necessary and any premium paid
by the City will be promptly reimbursed by Consultant or the City may withhold amounts
sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or
terminate this Agreement.
3.2.11.3 Professional Liability. Consultant shall procure and
maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years
following completion of the Project, errors and omissions liability insurance appropriate to their
profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall
be endorsed to include contractual liability. Defense costs shall be paid in addition to limits.
3.2.11.4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include
or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or
endorsements providing the exact same coverage, the City of Azusa, its directors, officials,
officers, employees, agents and volunteers shall be covered as additional insured with respect to
the Services or ongoing and complete operations performed by or on behalf of the Consultant,
including materials, parts or equipment furnished in connection with such work; and (2) using
ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage
shall be primary insurance as respects the City, its directors, officials, officers, employees, agents
and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the
Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that
such coverage shall also apply on a primary and noncontributory basis for the benefit of the City,
before the City’s own primary insurance or self-insurance shall be called upon to protect it as a
named insured. Any insurance or self-insurance maintained by the City, its directors, officials,
officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall
not be called upon to contribute with it in any way. Notwithstanding the minimum limits set
forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified
minimum limits of coverage shall be available to the parties required to be named as additional
insureds pursuant to this Section 3.2.11.4(A).
(B) Automobile Liability. The automobile liability policy shall
include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers,
employees, agents and volunteers shall be covered as additional insureds with respect to the
ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or
borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance
coverage shall be primary insurance as respects the City, its directors, officials, officers,
employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage
excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance
maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be
excess of the Consultant’s insurance and shall not be called upon to contribute with it in any
way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available
insurance proceeds in excess of the specified minimum limits of coverage shall be available to
the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B).
(C) Workers’ Compensation and Employers’ Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors,
officials, officers, employees, agents and volunteers for losses paid under the terms of the
insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced
or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written
notice by certified mail, return receipt requested, has been given to the City; and (B) any failure
to comply with reporting or other provisions of the policies, including breaches of warranties,
shall not affect coverage provided to the City, its directors, officials, officers, employees, agents
and volunteers. Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to the City, its officials,
officers, employees, agents and volunteers, or any other additional insureds.
3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of
Subrogation. All insurance required by this Section shall contain standard separation of insureds
provisions. In addition, such insurance shall not contain any special limitations on the scope of
protection afforded to the City, its directors, officials, officers, employees, agents and volunteers.
All policies shall waive any right of subrogation of the insurer against the City, its officials,
officers, employees, agents, and volunteers, or any other additional insureds, 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, its officials, officers, employees, agents, and volunteers, or any other
additional insureds, and shall require similar written express waivers and insurance clauses from
each of its sub consultants.
3.2.11.6 Deductibles and Self-Insurance Retentions. Any
deductibles or self-insured retentions must be declared to and approved by the City. Consultant
shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its directors, officials, officers,
employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and defense
expenses.
3.2.11.7 Sub consultant Insurance Requirements. Consultant shall
not allow any sub consultants to commence work on any subcontract relating to the work under
the Agreement until they have provided evidence satisfactory to the City that they have secured
all insurance required under this Section. If requested by Consultant, the City may approve
different scopes or minimum limits of insurance for particular sub consultants. The Consultant
and the City shall be named as additional insureds on all sub consultants’ policies of Commercial
General Liability using ISO form 20 38, or coverage at least as broad.
3.2.11.8 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in
California, and satisfactory to the City.
3.2.11.9 Verification of Coverage. Consultant shall furnish City
with original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind coverage on its
behalf, and shall be on forms provided by the City if requested. All certificates and
endorsements must be received and approved by the City before work commences. The City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
3.2.11.9 Reporting of Claims. Consultant shall report to the City, in
addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in
connection with the Services under this Agreement.
3.2.12 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant shall at
all times be in compliance with all applicable local, state and federal laws, rules and regulations,
and shall exercise all necessary precautions for the safety of employees appropriate to the nature
of the work and the conditions under which the work is to be performed. Safety precautions as
applicable shall include, but shall not be limited to: (A) adequate life protection and life saving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.2.13 Accounting Records. Consultant shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
shall be clearly identifiable. Consultant shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Consultant shall allow inspection of all work,
data, documents, proceedings, and activities related to the Agreement for a period of five (5)
years from the date of final payment under this Agreement.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in the Proposal attached hereto and incorporated herein by reference. The total compensation
shall not exceed Forty Thousand Dollars ($40,000) annually and depending upon the City’s
annual Community Development Block Grant (CDBG allocation without written approval of the
City Council. Extra Work may be authorized, as described below, and if authorized, will be
compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. City shall, within 45 days of receiving such statement, review
the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, “Extra Work” means any work
which is determined by City to be necessary for the proper completion of the Project, but which
the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
from City’s Representative.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of
prevailing wage rates and the performance of other requirements on “public works” and
“maintenance” projects. If the Services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage
Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in
effect at the commencement of this Agreement. Consultant shall make copies of the prevailing
rates of per diem wages for each craft, classification or type of worker needed to execute the
Services available to interested parties upon request, and shall post copies at the Consultant’s
principal place of business and at the project site. Consultant shall defend, indemnify and hold
the City, its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Consultant,
terminate the whole or any part of this Agreement at any time and without cause by giving
written notice to Consultant of such termination, and specifying the effective date thereof, at
least seven (7) days before the effective date of such termination. Upon termination, Consultant
shall be compensated only for those services which have been adequately rendered to City, and
Consultant shall be entitled to no further compensation. Consultant may not terminate this
Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein,
City may require Consultant to provide all finished or unfinished Documents and Data and other
information of any kind prepared by Consultant in connection with the performance of Services
under this Agreement. Consultant shall be required to provide such document and other
information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole
or in part as provided herein, City may procure, upon such terms and in such manner as it may
determine appropriate, services similar to those terminated.
3.5 Ownership of Materials and Confidentiality.
3.5.1 Documents & Data; Licensing of Intellectual Property. This Agreement
creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense
any and all copyrights, designs, and other intellectual property embodied in plans, specifications,
studies, drawings, estimates, and other documents or works of authorship fixed in any tangible
medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by
Consultant under this Agreement (“Documents & Data”). All Documents & Data shall be and
remain the property of City, and shall not be used in whole or in substantial part by Consultant
on other projects without the City's express written permission. Within thirty (30) days
following the completion, suspension, abandonment or termination of this Agreement,
Consultant shall provide to City reproducible copies of all Documents & Data, in a form and
amount required by City. City reserves the right to select the method of document reproduction
and to establish where the reproduction will be accomplished. The reproduction expense shall be
borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of
compensation to which the Consultant is entitled under the termination provisions of this
Agreement, Consultant shall provide all Documents & Data to City upon payment of the
undisputed amount. Consultant shall have no right to retain or fail to provide to City any such
documents pending resolution of the dispute. In addition, Consultant shall retain copies of all
Documents & Data on file for a minimum of fifteen (15) years following completion of the
Project, and shall make copies available to City upon the payment of actual reasonable
duplication costs. Before destroying the Documents & Data following this retention period,
Consultant shall make a reasonable effort to notify City and provide City with the opportunity to
obtain the documents.
3.5.2 Subcontractors. Consultant shall require all subcontractors to agree in
writing that City is granted a non-exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or its subcontractors, or those provided to Consultant by the
City.
3.5.3 Right to Use. City shall not be limited in any way in its use or reuse of the
Documents and Data or any part of them at any time for purposes of this Project or another
project, provided that any such use not within the purposes intended by this Agreement or on a
project other than this Project without employing the services of Consultant shall be at City’s
sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it
shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless
Consultant and its officers, directors, agents and employees from claims arising out of the
negligent use or re-use of the Documents & Data on such other project. Consultant shall be
responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only
with respect to the condition of the Documents & Data at the time they are provided to the City
upon completion, suspension, abandonment or termination. Consultant shall not be responsible
or liable for any revisions to the Documents & Data made by any party other than Consultant, a
party for whom the Consultant is legally responsible or liable, or anyone approved by the
Consultant.
3.5.4 Indemnification. Consultant shall defend, indemnify and hold the City, its
directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, for any alleged infringement of any patent,
copyright, trade secret, trade name, trademark, or any other proprietary right of any person or
entity in consequence of the use on the Project by City of the Documents & Data, including any
method, process, product, or concept specified or depicted.
3.5.5 Confidentiality. All Documents & Data either created by or provided to
Consultant in connection with the performance of this Agreement shall be held confidential by
Consultant. All Documents & Data shall not, without the prior written consent of City, be used
or reproduced by Consultant for any purposes other than the performance of the Services.
Consultant shall not disclose, cause or facilitate the disclosure of the Documents & Data to any
person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.6 General Provisions.
3.6.1 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
Consultant:
LDM Associates, Inc.
Rudy E. Munoz, Senior Vice President
10722 Arrow Route, Ste. 822
Rancho Cucamonga, CA 91730
City:
City of Azusa
213 E. Foothill Blvd.
Azusa, CA 91702
Attn: Matt Marquez, Economic and Community Development
Director
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
3.6.2 Indemnification.
3.6.2.1 Scope of Indemnity. To the fullest extent permitted by law,
Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees,
volunteers and agents free and harmless from any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or
persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any
alleged acts, errors or omissions of Consultant, its officials, officers, employees, subcontractors,
consultants or agents in connection with the performance of the Consultant’s Services, the
Project or this Agreement, including without limitation the payment of all consequential
damages, expert witness fees and attorney’s fees and other related costs and expenses.
Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code
Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code
Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of the Consultant.
3.6.2.2 Additional Indemnity Obligations. Consultant shall defend, with
legal counsel chosen by City, at Consultant’s own cost, expense and risk, any and all claims,
actions or other proceedings of every kind covered by Section 3.6.2.1 that may be brought or
instituted against City or its directors, officials, officers, employees, volunteers and agents.
Consultant shall pay and satisfy any judgment, award or decree that may be rendered against
City or its directors, officials, officers, employees, volunteers and agents as party of any such
claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any
settlement paid by City or its directors, officials, officers, employees, agents, or volunteers as
part of any such claim, suit, action or other proceeding. Such reimbursement shall include
payment for City’s attorneys’ fees and costs, including expert witness fees. Consultant shall
reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any
and all legal expenses and costs incurred by each of them in connection therewith or in enforcing
the indemnity herein provided. Consultant’s obligation to indemnify shall survive expiration or
termination of this Agreement and shall not be restricted to insurance proceeds, if any, received
by the City, its directors, official’s officers, employees, agents, or volunteers.
3.6.3 Governing Law; Government Code Claim Compliance. This Agreement
shall be governed by the laws of the State of California. Venue shall be in Los Angeles County.
In addition to any and all contract requirements pertaining to notices of and requests for
compensation or payment for extra work, disputed work, claims and/or changed conditions,
Consultant must comply with the claim procedures set forth in Government Code sections 900 et
seq. prior to filing any lawsuit against the City. Such Government Code claims and any
subsequent lawsuit based upon the Government Code claims shall be limited to those matters
that remain unresolved after all procedures pertaining to extra work, disputed work, claims,
and/or changed conditions have been followed by Consultant. If no such Government Code
claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as
specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit
against the City.
3.6.4 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.6.5 City’s Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.6.6 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.6.7 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
3.6.8 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days or period for performance shall be deemed calendar days and not
work days. All references to Consultant include all personnel, employees, agents, and
subcontractors of Consultant, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents, and volunteers except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content, or intent of this Agreement.
3.6.9 Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.6.11 No Third Party Beneficiaries. Except to the extent expressly provided for
in Section 3.6.7, there are no intended third party beneficiaries of any right or obligation assumed
by the Parties.
3.6.12 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.6.13 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Consultant further
agrees to file, or shall cause its employees or sub consultants to file, a Statement of Economic
Interest with the City’s Filing Officer as required under state law in the performance of the
Services. For breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or employee of
City, during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.14 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.6.15 Attorney’s Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from the
losing party reasonable attorney’s fees and all other costs of such action.
3.6.16 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.6.17 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6.18 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both parties.
3.6.19 Federal Provisions. When funding for the Services is provided, in whole
or in part, by an agency of the federal government, Consultant shall also fully and adequately
comply with the provisions included in the Proposal (Federal Requirements) attached hereto and
incorporated herein by reference (“Federal Requirements”). With respect to any conflict
between such Federal Requirements and the terms of this Agreement and/or the provisions of
state law, the more stringent requirement shall control.
[SIGNATURES ON NEXT PAGE]
CITY OF AZUSA LDM ASSOCIATES, INC.
By: By:
Sergio Gonzalez
City Manager Name:
Date: _________________________ Title: _________________________
Date: _________________________
Attest:
If Corporation, two signatures required
City Clerk
By: ____________________________
Date: __________________________
Name: _________________________
Approved as to Form: Title: ___________________________
Best Best & Krieger LLP
City Attorney
Date: _________________________
City of Azusa
Request for Proposals:
ADMINISTRATIVE AND LABOR
COMPLIANCE SERVICES FOR THE
CITY OF AZUSA COMMUNITY
DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM
Proposals Due:
Monday, May 6, 2019
Contact:
Matt Marquez
Director of Economic & Community Development
Economic and Community Development Department
City of Azusa
213 East Foothill Boulevard
Azusa, CA 91702
(626)812-5236
mmarquez@azusaca.gov
Attachment 2
City of Azusa RFP: Administrative & Labor Compliance Services for the City of Azusa CDBG Program
Page 2 of 20
Table of Contents
I. Introduction
II. Scope of Work
3
3
III. Submission Procedures 4
IV. Selection Criteria 4
V. Professional Services Agreement 5
VI. General Conditions 5
City of Azusa RFP: Administrative & Labor Compliance Services for the City of Azusa CDBG Program
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I. Introduction
The City of Azusa is requesting qualified firms to respond to a Request for Proposals (RFP) for
administrative and labor compliance services for the City’s CDBG program. As a participant in
the Los Angeles Urban County Community Development Block Grant (CDBG) Program,
the City receives an annual allocation of approximately $450,000. These funds are used
primarily for capital improvement projects, housing rehabilitation, code enforcement;
youth services programs, and senior adult case management services.
II. Scope of Work
The Scope of Work shall include, but not be limited to, the following items:
Provide technical assistance for the administration and implementation of the City's
CDBG projects.
Prepare annual "CDBG Agreements to Implement" through the Los Angeles County
Community Development Commission (LACDC) online system, including project
descriptions and budgets.
Prepare reports and publish public hearing notices for citizen input on the allocation
of annual funds and/or any changes in the CDBG allocation of funds.
Present related items to the City Council and other Commissions as necessary.
Prepare and process amendments to the "Agreement to Implement" for ongoing
projects.
Coordinate with City staff to gather all necessary documentation for LACDC
program and financial monitoring.
Prepare and complete LACDC and U.S. Department of Housing and Urban
Development (HUD) reports and documents.
Provide CDBG financial management assistance.
Provide Davis-Bacon (prevailing wages) and HUD/Section 3 monitoring and contract
compliance for construction projects.
Act as City's liaison and representative to the LACDC.
Ensure compliance with all applicable federal, State, and local laws, rules,
regulations, and policies.
City of Azusa RFP: Administrative & Labor Compliance Services for the City of Azusa CDBG Program
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III. Submission Procedures
The proposal must include the following information:
Cover letter, including the name, address, telephone number, and e-mail address of
the consulting firm. The name and email address of the firm’s authorized contract
signatory. The name, email address and telephone number of the firm’s individual
consultant proposed to be assigned to the City.
Description of the firm's experience and qualifications in providing the requested
services (including previous experience with CDBG programs and projects for other
similarly-sized jurisdictions).
Resumes of the firm's management staff and of the individual(s) who will be assigned
to provide services.
Summary of services to be provided and a work plan describing activities to be
performed.
Proposed costs, including personnel, supplies, administrative overhead, and any other
additional costs. The fee quoted shall be on a 'not-to-exceed" basis, including hourly
rates for project personnel.
A reference list, including the names of jurisdictions, contact persons, telephone
numbers and email addresses that your firm (or individual consultant) provided,
within the past three years, CDBG administration and labor compliance services.
Any additional information you feel would be applicable to the evaluation of your
proposal.
Two (2) unbound copies, and one electronic copy of your proposal must be submitted to
the City Clerk's office by Monday, May 6, 2019 at 5:00 p.m. It is the responsibility of
the Consultant to see that any proposal sent through the U.S. mail, or any other delivery
method, should have sufficient time to be received by the City of Azusa by the proposal
due date. Late proposals will not be accepted.
IV. Selection Criteria
Selection of a consultant will be done on a competitive basis. In reviewing and evaluating
the responses to the RFP, City staff will be considering the following factors (not
necessarily in order of priority):
Overall experience of the firm with administering and implementing a CDBG
program and with federal and state labor compliance services.
City of Azusa RFP: Administrative & Labor Compliance Services for the City of Azusa CDBG Program
Page 5 of 20
Experience of individual consultants within the firm (or independent contractors)
with administering and implementing a CDBG program and with federal and state
labor compliance services.
Understanding of the City's CDBG administrative services requirements.
References
Resources available to perform services.
Familiarity with the City of Azusa.
Location of office
These Criteria should not be construed so as to limit other considerations which may
become apparent during the course of the review and selection process. The City
reserves the right to reject any or all proposals. This solicitation of proposals should
not be construed as a contract of any kind. The City is not liable for any cost or expense
incurred by any firm or consultant in the preparation and/or submittal of a proposal in
response to this RFP.
Since the program is funded by CDBG funds, the selected firm or consultant must
comply with all federal laws, regulations, and requirements.
Any questions regarding this RFP and the process thereof should be directed to:
Matt Marquez, Economic and Community Development Director
City of Azusa
213 E. Foothill Blvd., Azusa, CA 91702
Telephone (626) 812-5236
Email: mmarquez@azusaca.gov
V. Professional Services Agreement
The selected consultant will be required to enter into a Professional Services Agreement
with the City of Azusa which includes the City's standard Terms and Conditions
including insurance requirements. A sample agreement is attached to this RFP.
VII. General Conditions
(a) The City reserves the right to accept or reject any and all proposals, or any
item or part thereof, or to waive any informalities or irregularities in
proposals.
City of Azusa RFP: Administrative & Labor Compliance Services for the City of Azusa CDBG Program
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(b) The City reserves the right to withdraw or cancel this RFP at any time without
prior notice and the City makes no representations that any contract will be
awarded to any Proposer(s) responding to this RFP.
(c) The City reserves the right to postpone proposal openings for its own
convenience.
(d) Proposals received by the City are public information and must be made
available to any person upon request.
(e) Submitted proposals are not to be copyrighted.
(f) The City reserves the right to seek clarification of information submitted in
response to this RFP.
(g) The City reserves the right to modify the RFP as it deems necessary.
(h) Any material misrepresentations made by the Proposer(s) will void the
proposal response and eliminate the Proposer(s) from further consideration.
(i) Pre-Contractual Expense
The City shall not, in any event, be liable for any pre-contractual expenses
incurred by Proposer(s) in the preparation of its proposal. Proposer shall not
include any such expenses as part of its proposal.
Pre-contractual expenses are defined as expenses incurred by Proposer(s) in:
(a) Preparing its proposal in response to this RFP;
(b) Submitting that proposal to the City;
(c) Negotiating with the City any matter related to this proposal; or
(d) Any other expenses incurred by Proposer(s) prior to date of award, if any.
(e) All materials submitted become the property of the City.
City of Azusa RFP: Administrative & Labor Compliance Services for the City of Azusa CDBG Program
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CITY OF AZUSA
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this ____ day of ________________, 20___ by and
between the City of Azusa, a municipal corporation organized under the laws of the State of California
with its principal place of business at 213 East Foothill Boulevard, Azusa, Califor nia 91702 (“City”) and
[INSERT NAME OF COMPANY], a [INSERT TYPE OF BUSINESS: CORPORATION; LIMITED LIABILITY
COMPANY; ETC.] with its principal place of business at [INSERT ADDRESS] (“Consultant”). City and
Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional
services required by the City on the terms and conditions set forth in this Agreement. Consultant
represents that it is experienced in providing [INSERT TYPE OF SERVICES] services to public clients, is
licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the [INSERT NAME OF PROJECT]
project (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City
all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and
adequately supply the professional [INSERT TYPE OF SERVICES] consulting services necessary for the
Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and
incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local,
state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from [INSERT START DATE] to
[INSERT ENDING DATE], unless earlier terminated as provided herein. Consultant shall complete the
Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
The Parties may, by mutual written consent, extend the term of this Agreement if necessary to complete
the Services.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services
shall be performed by Consultant or under its supervision. Consultant will determine the means, methods
and details of performing the Services subject to the requirements of this Agreement. City retains
Consultant on an independent contractor basis and not as an employee. Consultant retains the right to
City of Azusa RFP: Administrative & Labor Compliance Services for the City of Azusa CDBG Program
Page 8 of 20
perform similar or different services for others during the term of this Agreement. Any additional
personnel performing the Services under this Agreement on behalf of Consultant shall also not be
employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant
shall pay all wages, salaries, and other amounts due such personnel in connection with their performance
of Services under this Agreement and as required by law. Consultant shall be responsible for all reports
and obligations respecting such additional personnel, including, but not limited to: social security taxes,
income tax withholding, unemployment insurance, disability insurance, and workers’ compensation
insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously,
within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit
“B” attached hereto and incorporated herein by reference. Consultant represents that it has the
professional and technical personnel required to perform the Services in conformance with such
conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to
Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more
detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant
shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain
key personnel will perform and coordinate the Services under this Agreement. Should one or more of
such personnel become unavailable, Consultant may substitute other personnel of at least equal
competence upon written approval of City. In the event that City and Consultant cannot agree as to the
substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed
below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or
who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely
completion of the Project or a threat to the safety of persons or property, shall be promptly removed from
the Project by the Consultant at the request of the City. The key personnel for performance of this
Agreement are as follows: [INSERT NAMES].
3.2.5 City’s Representative. The City hereby designates [INSERT NAME OR TITLE], or
his or her designee, to act as its representative for the performance of this Agreement (“City’s
Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes
under this Contract. Consultant shall not accept direction or orders from any person other than the City’s
Representative or his or her designee.
3.2.6 Consultant’s Representative. Consultant hereby designates [INSERT NAME OR
TITLE], or his/her designee, to act as its representative for the performance of this Agreement
(“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and
act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative
shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for
all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all
portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in
the performance of Services and shall be available to City’s staff, consultants and other staff at all
reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all
City of Azusa RFP: Administrative & Labor Compliance Services for the City of Azusa CDBG Program
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Services under this Agreement in a skillful and competent manner, consistent with the standards generally
recognized as being employed by professionals in the same discipline in the State of California.
Consultant represents and maintains that it is skilled in the professional calling necessary to perform the
Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and
experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees
and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are
legally required to perform the Services, including a City Business License, and that such licenses and
approvals shall be maintained throughout the term of this Agreement. As provided for in the
indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and
without reimbursement from the City, any services necessary to correct errors or omissions which are
caused by the Consultant’s failure to comply with the standard of care provided for herein. Any
employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons
or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the
City, shall be promptly removed from the Project by the Consultant and shall not be re -employed to
perform any of the Services or to work on the Project.
3.2.9 Period of Performance and Liquidated Damages. Consultant shall perform and
complete all Services under this Agreement within the term set forth in Section 3.1.2 above
(“Performance Time”). Consultant shall also perform the Services in strict accordance with any
completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which
may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”).
Consultant agrees that if the Services are not completed within the aforementioned Performance Time
and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is
understood, acknowledged and agreed that the City will suffer damage. [***INCLUDE THE
FOLLOWING SENTENCE ONLY IF YOU'RE INCLUDING LD'S – DELETE OTHERWISE –
***]Pursuant to Government Code Section 53069.85, Consultant shall pay to the City as fixed and
liquidated damages the sum of [***INSERT WRITTEN DOLLAR AMOUNT***] Dollars
($[***INSERT NUMERICAL DOLLAR AMOUNT***]) per day for each and every calendar day of
delay beyond the Performance Time or beyond any Project Milestones established pursuant to this
Agreement.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Consultant shall keep
itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in
any manner affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all violations of
such laws and regulations in connection with Services. If the Consultant performs any work knowing it
to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant
shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold
City, its officials, directors, officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from any claim or liability arising out of any failure or
alleged failure to comply with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Consultant. By executing this Agreement,
Consultant verifies that it fully complies with all requirements and restrictions of state and federal law
respecting the employment of undocumented aliens, including, but not limited to, the Immigration
Reform and Control Act of 1986, as may be amended from time to time. Such requirements and
restrictions include, but are not limited to, examination and retention of documentation confirming the
identity and immigration status of each employee of the Consultant. Consultant also verifies that it has
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not committed a violation of any such law within the five (5) years immediately preceding the date of
execution of this Agreement, and shall not violate any such law at any time during the term of the
Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by
participating in an electronic verification of work authorization program operated by the United States
Department of Homeland Security, by participating in an equivalent federal work authorization program
operated by the United States Department of Homeland Security to verify information of newly hired
employees, or by some other legally acceptable method. Consultant shall maintain records of each such
verification, and shall make them available to the City or its representatives for inspection and copy at any
time during normal business hours. The City shall not be responsible for any costs or expenses related to
Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections.
3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub-subcontractors
and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall
require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work
relating to the Project or this Agreement to make the same verifications and comply with all requirements
and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this
Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and
understands that any of the following shall be grounds for the City to terminate the Agreement for cause:
(1) failure of Consultant or its subcontractors, consultants, sub-subcontractors or subconsultants to meet
any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or
material omission concerning compliance with such requirements (including in those verifications
provided to the Consultant under Section 3.2.10.2); or (3) failure to immediately remove from the Project
any person found not to be in compliance with such requirements.
3.2.10.4 Labor Certification. By its signature hereunder, Consultant certifies that
it is aware of the provisions of Section 3700 of the California Labor Code which require every employer
to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance
with the provisions of that Code, and agrees to comply with such provisions before commencing the
performance of the Services.
3.2.10.5 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-
discrimination shall include, but not be limited to, all activities related to initial employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also
comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action
Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.2.10.6 Air Quality. To the extent applicable, Consultant must fully comply with
all applicable laws, rules and regulations in furnishing or using equipment and/or providing services,
including, but not limited to, emissions limits and permitting requirements imposed by the South Coast
Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although
the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware
of their application to "portable equipment", which definition is considered by SCAQMD and CARB to
include any item of equipment with a fuel-powered engine. Consultant shall indemnify City against any
fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for
violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for
whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.7 Water Quality.
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(A) Management and Compliance. To the extent applicable,
Consultant’s Services must account for, and fully comply with, all local, state and federal laws, rules and
regulations that may impact water quality compliance, including, without limitation, all applicable
provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne
Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the
Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional
Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all
regulations, policies, or permits issued pursuant to any such authority regulating the discharge of
pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface
water in the State.
(B) Liability for Non-compliance. Failure to comply with the laws,
regulations and policies described in this Section is a violation of law that may subject Co nsultant or City
to penalties, fines, or additional regulatory requirements. Consultant shall defend, indemnify and hold the
City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or
other regulatory requirements imposed as a result of Consultant’s non-compliance with the laws,
regulations and policies described in this Section, unless such non-compliance is the result of the sole
established negligence, willful misconduct or active negligence of the City, its officials, officers, agents,
employees or authorized volunteers.
(C) Training. In addition to any other standard of care requirements
set forth in this Agreement, Consultant warrants that all employees and subcontractors shall have
sufficient skill and experience to perform the Services assigned to them without impacting water quality
in violation of the laws, regulations and policies described in this Section. Consultant further warrants that
it, its employees and subcontractors will receive adequate training, as determined by City, regarding the
requirements of the laws, regulations and policies described in this Section as they may relate to the
Services provided under this Agreement. Upon request, City will provide Consultant with a list of
training programs that meet the requirements of this paragraph.
3.2.11 Insurance.
3.2.11.1 Time for Compliance. Consultant shall not commence Services under
this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance
required under this section. In addition, Consultant shall not allow any subcontractor to commence work
on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has
secured all insurance required under this section.
3.2.11.2 Minimum Requirements. Consultant shall, at its expense, procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of the Agreement by the
Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of
its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such
insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial
General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services
Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’
Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of
California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the
Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual
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liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by
one insured against another.
(B) Minimum Limits of Insurance. Consultant shall maintain limits
no less than: (1) General Liability: [CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT; TYPICAL
MINIMUM IS $1 MILLION, BUT AMOUNT OF INSURANCE REQUIRED DEPENDS ON NATURE OF CONTRACT
AND RISK TO CITY]$1,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability Insurance or other form with general aggregate limit is used including, but
not limited to, form CG 2503, either the general aggregate limit shall apply separately to th is
Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2)
Automobile Liability: [CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT; TYPICAL MINIMUM IS $1
MILLION, BUT AMOUNT OF INSURANCE REQUIRED DEPENDS ON NATURE OF CONTRACT AND RISK TO
CITY]$1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation
and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of
California. Employer’s Liability limits of [CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT;
TYPICAL MINIMUM IS $1 MILLION, BUT AMOUNT OF INSURANCE REQUIRED DEPENDS ON NATURE OF
CONTRACT AND RISK TO CITY]$1,000,000 per accident for bodily injury or disease. Defense costs shall
be paid in addition to the limit.
(C) Notices; Cancellation or Reduction of Coverage. At least fifteen
(15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has
been renewed or extended shall be filed with the City. If such coverage is cancelled or materially
reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or
reduction of coverage, file with the City evidence of insurance showing that the required insurance has
been reinstated or has been provided through another insurance company or companies. In the event any
policy of insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may
suspend or terminate this Agreement.
3.2.11.3 Professional Liability. [INCLUDE THIS SUBSECTION ONLY IF
APPLICABLE - DELETE OTHERWISE] Consultant shall procure and maintain, and require its sub-
consultants to procure and maintain, for a period of five (5) years following completion of the Project,
errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an
amount not less than [CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT; TYPICAL MINIMUM IS $1
MILLION, BUT AMOUNT OF INSURANCE REQUIRED DEPENDS ON NATURE OF CONTRACT AND RISK TO
CITY]$1,000,000 per claim, and shall be endorsed to include contractual liability. Defense costs shall be
paid in addition to limits.
3.2.11.4 Insurance Endorsements. The insurance policies shall contain the
following provisions, or Consultant shall provide endorsements on forms supplied or approved by the
City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be
endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing
the exact same coverage, the City of Azusa, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insured with respect to the Services or ongoing and complete
operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished
in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same
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coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials,
officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage
excess of the Consultant’s scheduled underlying coverage. Any excess insurance shall contain a
provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the
City, before the City’s own primary insurance or self -insurance shall be called upon to protect it as a
named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers,
employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called
upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section
3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall
be available to the parties required to be named as additional insureds pursuant to this Section
3.2.11.4(A).
(B) Automobile Liability. The automobile liability policy shall
include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees,
agents and volunteers shall be covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or
for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as
respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall
stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any
insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and
volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it
in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance
proceeds in excess of the specified minimum limits of coverage shall be available to the parties required
to be named as additional insureds pursuant to this Section 3.2.11.4(B).
(C) Workers’ Compensation and Employers’ Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers,
employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from
work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or
canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by
certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with
reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage
provided to the City, its directors, officials, officers, employees, agents and volunteers. Any failure to
comply with reporting or other provisions of the policies including breaches of warranties shall not affect
coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other
additional insureds.
3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation.
All insurance required by this Section shall contain standard separation of insureds provisions. In
addition, such insurance shall not contain any special limitations on the scope of protection afforded to
the City, its directors, officials, officers, employees, agents and volunteers. All policies shall waive any
right of subrogation of the insurer against the City, its officials, officers, employees, a gents, and
volunteers, or any other additional insureds, 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, its officials, officers, employees, agents,
and volunteers, or any other additional insureds, and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
3.2.11.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-
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insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the
option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or sel f-insured
retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2)
the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims
and administrative and defense expenses.
3.2.11.7 Subconsultant Insurance Requirements. Consultant shall not allow any
subconsultants to commence work on any subcontract relating to the work under the Agreement until they
have provided evidence satisfactory to the City that they have secured all insurance required under this
Section. If requested by Consultant, the City may approve different scopes or minimum limits of
insurance for particular subconsultants. The Consultant and the City shall be named as additional
insureds on all subconsultants’ policies of Commercial General Liability using ISO form 20 38, or
coverage at least as broad.
3.2.11.8 Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to
the City.
3.2.11.9 Verification of Coverage. Consultant shall furnish City with original
certificates of insurance and endorsements effecting coverage required by this Agreement on forms
satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a
person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the
City if requested. All certificates and endorsements must be received and approved by the City before
work commences. The City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
3.2.11.9 Reporting of Claims. Consultant shall report to the City, in addition to
Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the
Services under this Agreement.
3.2.12 Safety. Consultant shall execute and maintain its work so as to avoid injury or
damage to any person or property. In carrying out its Services, the Consultant shall at all times be in
compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all
necessary precautions for the safety of employees appropriate to the nature of the work and the conditions
under which the work is to be performed. Safety precautions as applicable shall include, but shall not be
limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall
protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment
and other safety devices, equipment and wearing apparel as are necessary or lawfull y required to prevent
accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.2.13 Accounting Records. Consultant shall maintain complete and accurate records
with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly
identifiable. Consultant shall allow a representative of City during normal business hours to examine,
audit, and make transcripts or copies of such records and any other documents created pursuant to this
Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities
related to the Agreement for a period of three (3) years from the date of final payment under this
Agreement.
3.3 Fees and Payments.
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3.3.1 Compensation. Consultant shall receive compensation, including authorized
reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C”
attached hereto and incorporated herein by reference. The total compensation shall not exceed [INSERT
WRITTEN DOLLAR AMOUNT] ($[INSERT NUMERICAL DOLLAR AMOUNT]) without written approval of the
City Manager [REPLACE ‘CITY MANAGER’ WITH ‘CITY COUNCIL’ FOR AMOUNTS OVER $10,000]. Extra
Work may be authorized, as described below, and if authorized, will be compensated at the rates and
manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized
statement which indicates work completed and hours of Services rendered by Consultant. The statement
shall describe the amount of Services and supplies provided since the initial commencement date, or since
the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall,
within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request
that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined
by City to be necessary for the proper completion of the Project, but which the parties did not reasona bly
anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be
compensated for, Extra Work without written authorization from City’s Representative.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor
Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section
16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the
performance of other requirements on “public works” and “maintenance” projects. If the Services are
being performed as part of an applicable “public works” or “maintenance” project, as defined by the
Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully
comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing
rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies
of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute
the Services available to interested parties upon request, and shall post copies at the Consultant’s principal
place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected
officials, officers, employees and agents free and harmless from any claim or liability arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Consultant, terminate
the whole or any part of this Agreement at any time and without cause by giving written notice to
Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the
effective date of such termination. Upon termination, Consultant shall be compensated only for those
services which have been adequately rendered to City, and Consultant shall be entitled to no further
compensation. Consultant may not terminate this Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City
may require Consultant to provide all finished or unfinished Documents and Data and other information
of any kind prepared by Consultant in connection with the performance of Services under this Agreement.
Consultant shall be required to provide such document and other information within fifteen (15) days of
the request.
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3.4.3 Additional Services. In the event this Agreement is terminated in whole or in
part as provided herein, City may procure, upon such terms and in such manner as it may determine
appropriate, services similar to those terminated.
3.5 Ownership of Materials and Confidentiality.
3.5.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a
non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all
copyrights, designs, and other intellectual property embodied in plans, specifications, st udies, drawings,
estimates, and other documents or works of authorship fixed in any tangible medium of expression,
including but not limited to, physical drawings or data magnetically or otherwise recorded on computer
diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents
& Data”). All Documents & Data shall be and remain the property of City, and shall not be used in whole
or in substantial part by Consultant on other projects without the City's express writt en permission.
Within thirty (30) days following the completion, suspension, abandonment or termination of this
Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and
amount required by City. City reserves the right to select the method of document reproduction and to
establish where the reproduction will be accomplished. The reproduction expense shall be borne by City
at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which
the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all
Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to
retain or fail to provide to City any such documents pending resolution of the dispute. In addition,
Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years
following completion of the Project, and shall make copies available to City upon the payment of actual
reasonable duplication costs. Before destroying the Documents & Data following this retention period,
Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain
the documents.
3.5.2 Subcontractors. Consultant shall require all subcontractors to agree in writing
that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor
prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to
license any and all Documents & Data. Consultant makes no such representation and warranty in regard
to Documents & Data which were prepared by design professionals other than Consultant or its
subcontractors, or
3.5.3 Right to Use. City shall not be limited in any way in its use or reuse of the
Documents and Data or any part of them at any time for purposes of this Project or another project,
provided that any such use not within the purposes intended by this Agreement or on a project other than
this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses
the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from
the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and
employees from claims arising out of the negligent use or re-use of the Documents & Data on such other
project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this
Agreement, only with respect to the condition of the Documents & Data at the time they are provided to
the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible
or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for
whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.5.4 Indemnification. Consultant shall defend, indemnify and hold the City, its
directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade
secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the
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use on the Project by City of the Documents & Data, including any method, process, product, or concept
specified or depicted.
3.5.5 Confidentiality. All Documents & Data either created by or provided to
Consultant in connection with the performance of this Agreement shall be held confidential by
Consultant. All Documents & Data shall not, without the prior written consent of City, be used or
reproduced by Consultant for any purposes other than the performance of the Services. Consultant shall
not disclose, cause or facilitate the disclosure of the Documents & Data to any person or entity not
connected with the performance of the Services or the Project. Nothing furnished to Consultant which is
otherwise known to Consultant or is generally known, or has become known, to the related industry shall
be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or
any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television
or radio production or other similar medium without the prior written consent of City.
3.6 General Provisions.
3.6.1 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the respective
parties may provide in writing for this purpose:
Consultant:
[***INSERT NAME, ADDRESS & CONTACT PERSON***]
City:
City of Azusa
213 E. Foothill Blvd.
Azusa, CA 91702
Attn: [***INSERT NAME & DEPARTMENT***]
Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the p arty at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred,
regardless of the method of service.
3.6.2 Indemnification.
3.6.2.1 Scope of Indemnity. To the fullest extent permitted by law, Consultant
shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and
agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability,
loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in
any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Consultant,
its officials, officers, employees, subcontractors, consultants or agents in connection with the performance
of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of
all consequential damages, expert witness fees and attorneys fees and other related costs and expenses.
Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section
2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to
City of Azusa RFP: Administrative & Labor Compliance Services for the City of Azusa CDBG Program
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claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant.
3.6.2.2 Additional Indemnity Obligations. Consultant shall defend, with legal
counsel chosen by City, at Consultant’s own cost, expense and risk, any and all claims, actions or other
proceedings of every kind covered by Section 3.6.2.1 that may be brought or instituted against City or its
directors, officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against City or its d irectors, officials, officers,
employees, volunteers and agents as party of any such claim, suit, action or other proceeding. Consultant
shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers,
employees, agents, or volunteers as part of any such claim, suit, action or other proceeding. Such
reimbursement shall include payment for City’s attorneys’ fees and costs, including expert witness fees.
Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers,
for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing
the indemnity herein provided. Consultant’s obligation to indemnify shall survive expiration or
termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by the
City, its directors, officials officers, employees, agents, or volunteers.
3.6.3 Governing Law; Government Code Claim Compliance. This Agreement shall be
governed by the laws of the State of California. Venue shall be in Los Angeles County. In addition to
any and all contract requirements pertaining to notices of and requests for compensation or payment for
extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim
procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City.
Such Government Code claims and any subsequent lawsuit based upon the Government Code claims
shall be limited to those matters that remain unresolved after all procedures pertaining to extra work,
disputed work, claims, and/or changed conditions have been followed by Consultant. If no such
Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise
satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit
against the City.
3.6.4 Time of Essence. Time is of the essence for each and every provision of this
Agreement.
3.6.5 City’s Right to Employ Other Consultants. City reserves right to employ other
consultants in connection with this Project.
3.6.6 Successors and Assigns. This Agreement shall be binding on the successors and
assigns of the parties.
3.6.7 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer,
either directly or by operation of law, this Agreement or any interest herein without the prior written
consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or
transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or
transfer.
3.6.8 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be construed
simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time,
days or period for performance shall be deemed calendar days and not work days. All references to
Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as
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otherwise specified in this Agreement. All references to City include its elected officials, officers,
employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the
various articles and paragraphs are for convenience and ease of reference only, and do not define, limit,
augment, or describe the scope, content, or intent of this Agreement.
3.6.9 Amendment; Modification. No supplement, modification, or amendment of this
Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.10 Waiver. No waiver of any default shall constitute a waiver of any other default
or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service
voluntarily given or performed by a Party shall give the other Party any contractual rights by custom,
estoppel, or otherwise.
3.6.11 No Third Party Beneficiaries. Except to the extent expressly provided for in
Section 3.6.7, there are no intended third party beneficiaries of any right or obligation assumed by the
Parties.
3.6.12 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
3.6.13 Prohibited Interests. Consultant maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for Consultant, to
solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay
any company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the
award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or
subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under
state law in the performance of the Services. For breach or violation of this warranty, City shall have the
right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or
employee of City, during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another,
and shall take any additional acts or sign any additional documents as may be necessary, appropriate or
convenient to attain the purposes of this Agreement.
3.6.15 Attorney’s Fees. If either party commences an action against the other party,
either legal, administrative or otherwise, arising out of or in connection with this Agreement, the
prevailing party in such litigation shall be entitled to have and recover from the losing party reas onable
attorney’s fees and all other costs of such action.
3.6.16 Authority to Enter Agreement. Consultant has all requisite power and authority
to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the
individuals who have signed this Agreement have the legal power, right, and authority to make this
Agreement and bind each respective Party.
3.6.17 Counterparts. This Agreement may be signed in counterparts, each of which
shall constitute an original.
3.6.18 Entire Agreement. This Agreement contains the entire Agreement of the parties
with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or
agreements. This Agreement may only be modified by a writing signed by both parties.
City of Azusa RFP: Administrative & Labor Compliance Services for the City of Azusa CDBG Program
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3.6.19 Federal Provisions. [***INCLUDE THIS SECTION ONLY IF APPLICABLE;
***] When funding for the Services is provided, in whole or in part, by an agency of the federal
government, Consultant shall also fully and adequately comply with the provisions included in Exhibit
“D” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal
Requirements”). With respect to any conflict between such Federal Requirements and the terms of this
Agreement and/or the provisions of state law, the more stringent requirement shall control.
CITY OF AZUSA [INSERT NAME OF CONSULTANT]
By: By:
City Manager [Up to $10,000]
OR Mayor [OVER $10,000]
Name:
Attest:
Title:
City Clerk
[If Corporation, TWO SIGNATURES, President
OR Vice President AND Secretary, AND
CORPORATE SEAL OF CONTRACTOR
REQUIRED]
Approved as to Form:
Best Best & Krieger LLP By:
Name:
City Attorney Title:
CITY OF AZUSA
PROPOSAL
ADMINISTRATIVE AND LABOR COMPLIANCE
SERVICES FOR THE CITY OF AZUSA
COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM
May 2019
CORPORATE HEADQUARTERS
10722 ARROW ROUTE, SUITE 822
RANCHO CUCAMONGA, CA 91730
TELEPHONE: 909/ 476-6006
FAX NO.: 909/ 476-6086
Attachment 3
CITY OF AZUSA
REQUEST FOR PROPOSAL
ADMINISTRATIVE AND LABOR COMPLIANCE SERVICES FOR THE CITY OF AZUSA
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
TABLE OF CONTENTS
Section I.
Description of Firm, Qualifications and Experience ………………………………………………………………………….. 1
Section II.
Firm’s Management Team ………………………………………………………………………………………………….……………... 4
Section III.
Approach and Scope of Work ..…………………………………………………………………..……………………………………… 5
Section IV.
References ……………………………………………………………….……………………………………………………………….………... 9
Section V.
Schedule Hourly Rates ……………………….………………………………………………………………………..…………………… 12
Attachment:
Resumes of Key Personnel
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SECTION I. DESCRIPTION OF FIRM, QUALIFICATIONS AND EXPERIENCE
LDM Associates, Inc. (LDM) was established in 1986 and has undergone steady growth since its
inception. LDM is a corporation registered in the State of California. In response to our clients’ needs,
LDM and its affiliate MDG Associates, Inc. (MDG) provide a wide variety of Community Development
consulting services including, but not limited to Grants Management; Project Management;
Construction Management; Architectural Design; Urban Planning; and Labor Compliance Monitoring.
LDM Associates, Inc. is comprised of individuals with a wide variety of expertise including the services
specifically requested by the City. Currently, LDM has twenty-eight (28) staff members. Thirteen (13)
of the 28 staff members are knowledgeable and experienced in the administration of CDBG, HOME,
ESG, and the CalHome Program.
LDM provides administrative and management services to cities that are seeking a consultant that
can act as an extension of their staff and look after the best interest of the City.
LDM is a Veteran-Owned Small Business (VOSB); while its affiliate MDG is a Los Angeles County
registered Minority Business Enterprise (MBE) and a State of California registered Small Business (SB).
Grants Management:
LDM provides administration and implementation services for the Community Development Block
Grant (CDBG), HOME Investment Partnerships (HOME), Emergency Solutions Grant (ESG),
Community Development Block Grant-Disaster Recovery (CDBG-DR), CalHome, and Neighborhood
Stabilization Programs (NSP). In addition, staff members implement activities funded under the
aforementioned programs such as Residential Rehabilitation and Labor Compliance Monitoring and
Enforcement.
LDM’s team members previously were employed as Program Managers with the Los Angeles County
Community Development Commission (LACDC); making LDM team members uniquely qualified to
act as liaison to LACDC on behalf of client cities, as well as provide cities the necessary expertise and
technical assistance required to successfully implement all federal programs supported through the
LACDC.
The firm maintains an excellent relationship with the local HUD office as well as at the headquarters
level (Washington D.C.). Our staff currently provides technical assistance (TA) to grantees throughout
the country on behalf of HUD Headquarters through the OneCPD and Community Compass
Programs. The technical assistance is provided to states, counties, cities and other HUD funded
grantees in conjunction with the CDBG, HOME, and NSP programs as well as the IDIS and DRGR
HUD reporting systems.
Our staff has been tasked by HUD Headquarters to provide national training on their behalf to
recipients of HUD funds (grantees) as well as HUD Staff. The training has been in the areas of
“Basically CDBG,” Assessment of Fair Housing (AFH), Disaster Recovery Grant Reporting (DRGR),
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eCon Planning Suite, Community Planning and Development (CPD) Maps, and the Integrated
Disbursement Information System (IDIS). Our staff has been tasked with providing assistance to
grantees through the HUD Resource Exchange Ask a Question (AAQ) program in the areas of CDBG,
HOME, and DRGR.
LDM and its affiliate are currently under direct contract with 29 cities and two (2) counties throughout
the western United States with funds from HUD (includes Los Angeles County Urban Cities) totaling
approximately $55 million dollars. The services are primarily for the day-to-day implementation of
CPD Programs. For others, LDM provides services on specific tasks such as IDIS input, project
monitoring, federal labor standards (Davis-Bacon) compliance, monitoring CDBG/HOME and ESG
grants, preparation of Consolidated Plan/Action Plan, and the preparation of Consolidated Annual
Performance and Evaluation Report (CAPER).
Our staff is knowledgeable in a number of computer programs including all of the Microsoft Office
software, Microsoft Project, Adobe programs and AutoCAD. Our staff is fully trained in the use of all
required Federal, State and local online reporting databases, including but not limited to the Integrated
Disbursement and Information System (IDIS), Disaster Recovery Grant Reporting System (DRGR),
Homeless Management Information System (HMIS), Recovery Act Management and Performance
System (RAMPS), Performance and Accountability for Grants in Energy System (PAGE), HEROS
(Environmental Review Module), FederalReporting.gov. and, Los Angeles County CDBG Online
System.
Neighborhood Stabilization Program:
LDM, along with its affiliate, are currently working with a number of cities throughout the country
under direct contract and under HUD’s Technical Assistance program to closeout Neighborhood
Stabilization Program (NSP) grants. LDM staff works directly with HUD to conduct training and
workshops that effectively and efficiently assist NSP grant recipients to close and/or redirect
unobligated NSP funds to other eligible federal program uses. This includes reporting, monitoring
affordability, and the reuse of program income funds.
Housing Rehabilitation:
LDM, along with its affiliate, are currently under contract with 15 cities throughout Southern California
for the management and implementation of housing rehabilitation programs, including both single-
family dwelling units and manufactured homes. During the prior year, the firm processed and
completed the rehabilitation of approximately 225 residential single-family dwelling units and
manufactured homes. The U.S. Department of Housing and Urban Development (HUD) funds such
as CDBG and HOME funds, as well as State of California Housing and Community Development
(HCD) HOME and CalHome funds primarily support housing rehabilitation programs.
Through the years, LDM developed systems for different types of programs including, but not limited
to, emergency repair programs, rental rehabilitation programs, owner-occupied – single family
rehabilitation programs, and manufactured home repair programs. Responsibilities under these
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programs typically include the overall administration of the program; revie wing applications for
eligibility; preparing the environmental review record and clearances where required [California
Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA)]; loan underwriting
and loan document preparation for loan-based programs; initial, progress and final inspections;
responding to contractor questions during the bidding process; construction management and
oversight; review and process contractor payment requests; and preparing regulatory reports for
HUD and HCD.
Commercial Rehabilitation Program Administration and Implementation Experience:
Our firm is highly experienced in the administration and implementation of Commercial Rehabilitation
Programs. During the past five (5) years, we have assisted ten (10) cities with the rehabilitation of
approximately 60 commercial buildings. The level of service requested by each city differs, however
in most cases, LDM provides inspection, design, project management and Davis-Bacon and Related-
Acts Labor Compliance monitoring.
Labor Compliance (Davis-Bacon and Related Acts):
We are currently under contract to provide Labor Compliance services to 14 cities in Southern
California. Our typical scope of work includes preparation and review of bid documents for
compliance with Federal labor standards and requirements including Davis-Bacon and Related Acts,
Section 3, and DOL regulations; attend pre-construction meetings to present information on Davis-
Bacon and Related Acts, Section 3 requirements; review bid documents for compliance; establish
and maintain contractor and subcontractor labor files; conduct employee field interviews and
document posting compliance; reconcile weekly certified payroll reports and supporting
documentation; monitor contractors for Section 3 accomplishments; schedule labor compliance file
reviews prior to release of retention funds; and address and resolve any underpayment or deficiency
issues.
Section 3:
Our staff is experienced in the implementation of Section 3 employment, contracting and training
requirements. Currently, we monitor labor compliance activities on 15 projects with a combined
construction value of over $12.5 million. Of these projects, ten (10) are Section 3-covered projects
with contracts in excess of $100,000.
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SECTION II. FIRM’S MANAGEMENT TEAM
Consultant Team
The members of our consulting group proposed to provide administrative services for the City’s
CDBG Program include Rudy E. Muñoz, Senior Vice President; Tina Gall, Manager; and Daniel Perez,
Associate.
Management and Staffing
Rudy Muñoz, Senior Vice President, will manage the contract on behalf of LDM. The members of our
consulting group who will provide administration and implementation of the CDBG Program include
Tina Gall, Manager; and Daniel Perez, Associate. Ms. Gall will be the manager and is responsible for
the day-to-day implementation of the CDBG Program. Ms. Gall has been administering CDBG
Programs as member of LDM for the past seventeen (17) years. In addition, prior to joining LDM
Associates, Ms. Gall worked as a Program Manager for the LACDC in the Community Development
Block Grant Division specifically overseeing CDBG Programs. If necessary, Mr. Perez will assist Ms.
Gall with labor compliance monitoring. Mr. Perez has been with LDM for the past nine (9) years,
administering the federal CDBG program and ensuring that clients meet federal and state labor
compliance requirements.
The resumes of the aforementioned individuals may be found at the conclusion of this Proposal
(Please see: “Key Staff Resumes”).
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SECTION III. APPROACH AND SCOPE OF WORK
WORK PLAN - Technical
LDM promotes a team approach to the administration of the CDBG Program. This approach allows
our clients to expect and receive a continuous level of service by all qualified LDM staff. The team
approach also allows us to assign individuals with expertise in certain areas to assist clients with a
variety of complex tasks. The work program for each city varies depending on the city’s needs. LDM
prefers to perform a large portion of assigned tasks on-site with some file management services
performed in-house. In cases where space availability is limited, we perform the majority of the tasks
from our corporate office in Rancho Cucamonga while holding regularly scheduled meetings with
staff.
Based on the Scope of Work and the City’s 201 9-2020 CDBG projects, LDM proposes to provide
services to the city of Azusa an average of eight to ten (8 to 10) on -site hours weekly, depending
upon the various phases of project implementation or as requested by Azusa staff. We propose to
act as an extension of Azusa staff. We will provide flexible scheduling to meet the needs of the
Economic and Community Development Department. In addition, we will make ourselves available
to attend meetings as requested. Our consultant team will be available during non -scheduled hours
in order to meet your needs. In addition, LDM staff will maintain professional proficiency in the
requirements of the CDBG program and attend all required Los Angeles County Community
Development Commission (LACDC) CDBG training and information sessions.
Based on our extensive experience in administering CDBG Programs, LDM has developed a timeline
for the program year in order to perform all required program management, coordination, monitoring
and program evaluations as required by all applicable federal, state, and LACDC requirements and
policies.
CDBG Administration Timeline
July
• Beginning of new fiscal year
• Quarterly Performance Reports due by the end of the first week for the prior year’s fourth
quarter
• Monthly funding request submittals to LACDC
August
• On or before 31st – Financial Close-Out Deadline for all prior year projects
• Monthly funding request submittals to LACDC
September
• End of 1st quarter
• Contract and Subcontract Activity Report due to LACDC
• Semi-Annual Labor Standards Report due to LACDC
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• Monthly funding request submittals to LACDC
October
• Quarterly Performance Reports due by the end of the first week for the current year’s first
quarter
• Technical Assistance & project oversight of any capital improvement or public service
projects
• Monthly funding request submittals to LACDC
November
• Monthly funding request submittals to LACDC
December
• End of 2nd quarter
• Beginning of planning process for next year’s CDBG funded programs/projects
• Monthly funding request submittals to LACDC
January
• Quarterly Performance Reports due by the end of the first week for the current year’s
second quarter
• City Council approval of proposed continuing and new CDBG funded programs/projects
• Monthly funding request submittals to LACDC
February
• Planning Summaries, Proposed Exhibit As, and Environmental Service Requests deadline to
LACDC
• Monthly funding request submittals to the LACDC
March
• End of 3rd quarter
• 31st – Performance Policy Compliance deadline(expenditure drawdown)
• 31st – Single Audit Report due
• Contract and Subcontract Activity Report due to LACDC
• Semi-Annual Labor Standards Report due to LACDC
• Monthly funding request submittals to LACDC
April
• Quarterly Performance Reports due by the end of the first week for the current year’s third
quarter
• Technical Assistance & project oversight of any capital improvement or public service
projects
• Monthly funding request submittals to LACDC
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May
• 30th – Amendment Request Deadline for current year projects
• Monthly funding request submittals to LACDC
June
• End of 4th quarter and fiscal year
• Monthly funding request submittals to LACDC
Davis Bacon and Related Acts (DBRA) Compliance:
• Determine CDBG eligibility of potential capital improvement project
• Prepare CDBG-related bid package and construction contract documents
• Verify eligibility of selected contractor and subcontractor(s)
• Participate in pre-construction conferences and provide documents related to federal
requirements, as needed, to City staff and contractors
• Prepare and submit documents and reports required by the U.S. Department of Labor (DOL),
the U.S. Department of Housing and Urban Development (HUD), and the Los Angeles
County Community Development Commission (LACDC) for construction projects receiving
CDBG funding
• Review and reconcile Contractor and Subcontractor Certified Payroll Reports. Resolve
underpayments, inform and assist City with Contractor and/or Subcontractor labor
compliance procedural discrepancies or violations, if necessary
• Perform on-site monitoring related to federal Labor Standards and other CDBG requirements
• Conduct close out of project
Section 3
• Prepare Section 3 documents for CDBG construction contracts
• Conduct Section 3 pre-bid meeting
• Monitor Section 3 compliance and complete Section 3 reporting
SPECIFIC REQUESTED SCOPE OF WORK
In the performance of the administration and implementation of the CDBG Program as noted in the
City’s Request for Proposals, LDM will provide staffing and other resources required to perform the
following tasks, but not limited to:
• Provide technical assistance for the administration and implementation of the City’s CDBG
projects.
• Prepare annual “CDBG Agreements to Implement” through the Los Angeles County
Community Development Commission (LACDC) online system, including project
descriptions and budgets.
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• Prepare reports and publish public hearing notices for citizen input on the allocation of annual
funds and/or any changes in the CDBG allocation of funds.
• Present related items to the City Council and other Commissions as necessary.
• Prepare and process amendments to the “Agreement to Implement” for ongoing projects.
• Coordinate with City staff to gather all necessary documentation for LACDC program and
financial monitoring.
• Prepare and complete LACDC and U.S. Department of Housing and Urban Development
(HUD) reports and documents.
• Provide CDBG financial management assistance.
• Provide Davis-Bacon and Related Acts including State prevailing wage requirements and
HUD/Section 3 monitoring and contract compliance for construction projects.
• Act as City’s liaison and representative to the LACDC.
• Ensure compliance with all applicable federal, State, and local laws, rules, regulations, and
policies.
At each step in the process, our consultants will work collaboratively with key City staff to ensure that
project needs are being met and that proper coordination occurs. We strongly believe that the
establishment of clear protocols and efficient, effective communication throughout the project will
attain the best results for the City.
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SECTION IV. REFERENCES
LDM provides a wide variety of Community Development consulting services including, but not limited
to grants management; project management; urban planning and architectural design. The following
list represents our client list for which we have provided these services.
HUD Entitlement Cities:
City of Corona – Cynthia Lara, Administrative Services Manager
Services Provided: CDBG Program Administration and HOME Technical Assistance including all aspects
of the CDBG Program as well as assistance with affordable housing projects and Davis-Bacon
Compliance Monitoring.
Date of Contract: 2010 to Present
Phone Number: (951) 739-4963; email address: Cynthia.Lara@ci.corona.ca.us
City of Fontana – David Edgar, Deputy City Manager
Services Provided: CDBG/HOME/CDBG-R/NSP Program TA; Analysis of Impediments to Fair Housing
(AI); Consolidated Plan/Action Plan/CAPER preparation; Davis-Bacon/Section 3 Compliance; Policies
and Procedures for FTHB and Hosing Rehabilitation Programs
Date of Contract: 2009 to Present
Contact Person: Phone Number: (909) 350-6739; email address: dedgar@fontana.org
City of Hawthorne – Mari Guerrero, CDBG/HOME Coordinator
Services Provided: CDBG/HOME Program Administration and Technical Assistance; CDBG and HOME
funded Housing Rehabilitation Program Implementation; RDA funded Commercial Rehabilitation
Program Implementation; Analysis of Impediments to Fair Housing (AI); Consolidated Plan/Action
Plan/CAPER preparation.
Date of Contract: 2002 to 2010 and 2014 to Present
Phone Number: (310) 349-2976; email address: mguerrero@cityofhawthorne.org
City of Irvine - Mr. Steve Holtz, Manager of Neighborhood Services
Services Provided: CDBG/HOME/CDBG-R/HPRP Program Administration and Technical Assistance;
Redevelopment Consultation; CDBG funded Housing Rehabilitation Program Implementation; Analysis
of Impediments to Fair Housing (AI); Five-Year Consolidated Plan/Action Plan/CAPER preparation;
Davis-Bacon and Section 3 Compliance.
Date of Contract: 2001 to Present
Phone Number: (949) 724-6612; email address: sholtz@cityofirvine.org
City of Newport Beach - James Campbell, Deputy Director of Community Development
Services Provided: CDBG Program Technical Assistance; Davis-Bacon and Section 3 Compliance;
Analysis of Impediments; Consolidated Plan/Action Plan/CAPER preparation; affordable housing
monitoring.
Date of Contract: 2000 to Present
Phone Number: (949) 644-3210; email address: jcampbell@newportbeachca.gov
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City of Paramount – Karina Lam Liu, Finance Director
Services Provided: CDBG/CDBG-R/NSP/HOME Program Administration; Redevelopment
Consultation; CDBG and HOME funded Housing Rehabilitation and Commercial Rehabilitation
Program Implementation; Homebuyer Assistance Program; Analysis of Impediments to Fair Housing
(AI); Consolidated Plan/Action Plan/CAPER preparation; 5 Year Implementation Plan (Redevelopment);
Davis-Bacon Compliance; and affordable housing monitoring.
Dates of Contract: 2003 to Present
Phone Number: (562) 220-2210; email address: Klam@ParamountCity.com
City of Rialto – Perry Brents, Community Services Director
150 S. Palm Avenue, Rialto, CA 92376
Services Provided: CDBG Program Administration; CDBG-R Program Administration; NSP1 and NSP3
Program Administration; Homelessness Prevention and Rapid Rehousing (HPRP) Program
Administration; Commercial Rehabilitation Program Implementation; Project/Construction
Management; Davis-Bacon; Consolidated Plan/Action Plan/Analysis of Impediments/CAPER
preparation.
Date of Contract: 2000 to Present
Contact Person: Phone Number (909) 820-8039; e-mail address: pbrents@rialtoca.gov
City of Temecula – Lynn Kelly-Lehner, Principal Management Analyst
Services Provided: CDBG Program Administration; Assessment of Fair Housing (AFH); Consolidated
Plan/Action Plan/CAPER preparation
Dates of Contract: 2015 to Present
Phone Number: (951) 506-5172; email address: lynn.lehner@TemeculaCA.gov
City of Upland – Liz Chavez, Manager of Development Services Department
Services Provided: CDBG Program Technical Assistance; CalHome and RDA funded Housing
Rehabilitation Program Implementation (4 separate programs); RDA funded Commercial Rehabilitation
Program Implementation; CalHome and RDA funded Homebuyer Assistance Program;
Project/Construction Management; Davis-Bacon and Section 3 Compliance; Analysis of Impediments;
Planning Services; Analysis of Impediments to Fair Housing (AI); Consolidated Plan/Action Plan/CAPER
preparation; affordable housing monitoring.
Date of Contract: 2004 to Present
Phone Number: (909) 931-4146; email address: lchavez@ci.upland.ca.us
LACDC URBAN COUNTY CITIES:
City of Agoura Hills - Doug Hooper, Director of Planning
Services Provided: CDBG Program Administration; CDBG/RDA funded Housing Rehabilitation
Program implementation; Davis-Bacon and Section 3 Compliance Monitoring.
Date of Contract: 1999 to Present
Phone Number (818) 597-7342; email address: dhooper@ci.agoura-hills.ca.us
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City of Azusa – Matt Marquez, Director of Economic and Community Development
Services Provided: CDBG Program Administration, coordination and technical assistance; Davis-
Bacon and Related Acts and Section 3 monitoring and compliance; public service subrecipient
oversight, monitoring and technical assistance; contract compliance.
Date of Contract: 2015 to Present
Phone Number: (626) 812-5236; email address: mmarquez@azusaca.gov
City of Claremont – Austin Ramirez, Management Analyst
Services Provided: CDBG Program Administration; CDBG funded Housing Rehabilitation Program
implementation; public service program technical assistance; Davis-Bacon and Section 3
Compliance.
Date of Contract: 2010 to Present
Phone Number (909) 399-5473; email address: aramirez@ci.claremont.ca.us
City of Duarte – Craig Hensley, Community Development Director
Services Provided: CDBG Program Administration, coordination and technical assistance; Davis-
Bacon and Related Acts monitoring and compliance; housing programs technical assistance;
contract compliance.
Date of Contract: 2015 to Present
Phone Number: (626) 357-7931; email address: chensley@accessduarte.com
City of Rancho Palos Verdes – Mike Gibson, Public Works Department
Services Provided: CDBG Program Administration; CDBG Home Improvement Program; Davis-
Bacon and Section 3 Compliance.
Date of Contract: 2002 to 2018
Phone Number (310) 544-5247; email address: mikeg@rpvca.gov
City of San Dimas – Ann Garcia, Community Development
Services Provided (through affiliate, MDG Associates, Inc.): CDBG Program administration and
technical assistance; CDBG Housing Rehabilitation Program implementation.
Date of Contractor: 2018 to Present
Phone Number: (909) 394-6282; email address: agarcia@ci.san-dimas.ca.us
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SECTION V. SCHEDULE OF HOURLY RATES
LDM proposes to provide on-site services to the City an average of eight to ten (8-10) hours every
week or as requested by City Staff. Based on the scope of work and additional information as
identified in our proposal, LDM proposes to invoice on a time and material basis based on the
attached Rate Schedule (see Exhibit “A”) that is effective July 1, 2019. Should the City extend the
agreement for additional years beyond the first year, the Rate Schedule provides the effective rates
through June 2022.
LDM proposes to administer the City’s FY 2019-2020 CDBG projects, including labor compliance
services, for an amount not-to-exceed $40,000. (Consecutive years will be adjusted accordingly).
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EXHIBIT “A”
LDM ASSOCIATES, INC.
SCHEDULE OF HOURLY BILLING RATES
Rates effective as of July 1, 2019
STAFF PERSON HOURLY RATE
Title 2019-2020 2020-2021 2021-2022
President/Senior Vice President $115.00 $118.00 $121.00
Vice President $110.00 $113.00 $116.00
Director $105.00 $108.00 $111.00
Manager $100.00 $102.50 $105.50
Senior Associate $95.00 $97.50 $100.00
Associate $85.00 $87.50 $90.00
Senior Project Assistant $70.00 $72.00 $74.00
Project Assistant $65.00 $67.00 $69.00
Secretary $45.00 $46.50 $48.00
Note: If LDM staff is requested by the City to attend a meeting not considered a part of this
proposal or on a day in which a consultant is not scheduled to be on site, the City shall be
billed for the time it takes to drive to and from the City and its corporate office.
REIMBURSABLE ITEMS:
Project Supplies At Cost plus 10% surcharge
Prints/Reproductions At Cost plus 10% surcharge
Postage/Delivery At Cost plus 10% surcharge
Resumes of Key Personnel
Rudy E. Muñoz
Senior Vice President
LDM ASSOCIATES, INC.
PROFESSIONAL EXPERIENCE:
LDM Associates, Inc. – Rancho Cucamonga, CA
Senior Vice President: 1991 - Present
Senior Vice President of LDM Associates, Inc. and founder and President of MDG Associates, Inc., a
community development consulting firms specializing in administration and implementation
services to a number of municipal agencies. Over 31 years of experience in the community
development field that includes strategic development of implementation tools to facilitate the
management of programs, classroom training, administration and implementation of programs and
designing programs for state, county and local governments.
Works hand-in-hand with municipalities on the development of implementation strategies and tools
that facilitate the management of their CPD programs; provides training for the HUD CPD
Programs; if requested provides day-to-day implementation functions of the programs. This includes
the development of Consolidated Plans and Action Plans for various programs through
programmatic and financial closeout of projects and grants. Assists grantees in developing HUD
mandated Policies and Procedures for the management and oversight of various CPD Programs as
well as implementation of individual activities such as Housing Rehabilitation, Commercial
Rehabilitation, and Homebuyer Programs.
Works as a subcontractor to several national Technical Assistance (TA) providers through HUD’s
Community Compass initiatives. Through the initiative, provides TA and staff capacity buildding to
municipalities throughout the U.S. in the CDBG, HOME, NSP (1, 2, and 3) and CDBG-DR. Provides
in class training and TA in two of HUDs reporting systems; the Integrated Disbursement and
Information Systems (IDIS), and the Disaster Recovery Grant Reporting System (DRGR). Assists
HUD Headquarters as a beta tester for the updates to the Disaster Recovery Grant Reporting
system.
Provides training and TA in federal cross-cutting elements inlcuding Financial Management Systems
(Uniform Administrative Systems), Davis-Bacon and Related Acts (DBRA), and Assessment of Fair
Housing (AFH). Has provided many of the aforementioned training in Spanish for the
Commonwealth of Puerto Rico and its municipalities.
City of Huntington Park – Huntington Park, CA
Ass. Director of Comm. Development/Redevelopment: 1987 – 1991
Assisted the Director of Community Development in the administration of the department. Directly
responsible for the day-to-day administration and management of municipal staff on the CDBG and
HOME programs, current and advanced planning functions and code enforcement activities. Acted
as Secretary to the City’s Planning Commission.
City of Bell – Bell, CA
City Planner: 1986 – 1987
Under the direction of the Community Development Director, administered the City's current and
advanced planning activities, assisted in the development of a new General Plan. Responsible for
reviewing and processing Subdivision Review, Zoning Review, Environmental Review, and Design
Rudy E. Muñoz
Pg. 2
LDM ASSOCIATES, INC.
Review functions. Responsible for the administration of the CDBG Program funded through the Los
Angeles County Urban County Program.
City of Montclair – Montclair, CA
Associate Planner (started as Assist. Planner): 1985 – 1986
Assisted in the day-to-day planning functions including, but not limited to, California Environmental
Quality Act (CEQA) review, Design Review, Subdivisions, Annexations, and Development
proposals. Responsible for reviewing and processing Zone Changes, Variances, Conditional Use
Permits, and other entitlements.
Booth-Good Architects: Walnut, CA
Project Assistant 1982-1985
Under the direction of the Project Architect, assisted in the design development, and preparation of
design development and construction drawings for a variety of building types including single-family
residential, multi-family residential and commercial developments.
EDUCATION:
Bachelor of Architecture (5-Year Degree)
California State Polytechnic University, Pomona
AFFILIATIONS/ REGISTRATIONS:
ICBO - International Conference of Building Officials
NAHRO- National Association of Housing and Redevelopment Officials
AIA - Prior Associate member of the American Institute of Architects
Licensed California General Contractor – California License No.681042
ICBO – Earthquake Retrofit of Wood Frame Homes Certification
Certified HOME Program Regulations, HUD (Technical Assistance Provider)
Tina Gall
Manager
◼ LDM ASSOCIATES, INC. ◼
PROFESSIONAL EXPERIENCE:
LDM Associates, Inc. – Rancho Cucamonga, CA
Manager: 2002 - Present
Ms. Gall possesses more than 25 years of experience in the community development field which
includes current and advanced planning, grant writing, grants management and implementation.
Currently, Ms. Gall is responsible for providing clients with advanced planning services in areas such as
housing policy analysis, transportation planning, environmental review, and contract administration.
Ms. Gall assists cities in the administration of the federal Community Development Block Grant
(CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) Programs.
Her area of expertise also includes federal and state labor compliance requirements, including federal
Davis-Bacon and Related Acts (DBRA) and California Public Works labor and contract compliance.
City of Azusa - Economic Development Analyst and Public Information Officer
Duties included the administration of the CDBG program, Azusa Redevelopment Agency special
studies, economic development analyses, and assistance with redevelopment project area plan
amendments. Ms. Gall also served as the City’s Public Information Officer.
Los Angeles County Community Development Commission (LACDC) – Program Manager
As a Program Manager, Ms. Gall performed a variety of duties related to the administration and
implementation of the Community Development Block Grant (CDBG) Program to ensure compliance
with federal regulations. She provided technical assistance to CDBG grant recipients, reviewed and
responded to eligibility inquires for proposed CDBG projects, provided CDBG compliance training to
grant recipients; and, ensured federal projects achieved compliance with Davis-Bacon and Related Acts
requirements.
CURRENT CDBG CLIENT CITIES:
City of Azusa
City of Duarte
City of San Dimas
EDUCATION:
Master of Arts – Urban Planning
University of California at Los Angeles (UCLA)
Bachelor of Arts – Psychology
University of California at Los Angeles (UCLA)
Daniel Perez
Associate
LDM ASSOCIATES, INC.
PROFESSIONAL EXPERIENCE:
LDM Associates, Inc. – Rancho Cucamonga, CA
Associate: 2010 - Present
Provides Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME),
and Emergency Solutions Grant (ESG) consulting services to U.S. Department of Housing and Urban
Development (HUD) grantees. Assists clients in the design and implementation of NOFA processes,
development of Annual Action Plans, preparation of environmental reviews, preparation of written
agreements, review of performance reports, approval of payment requests, Integrated Disbursement
and Information System (IDIS) data entry and management, and preparation of the Consolidated
Annual Performance and Evaluation Report. Provides technical assistance to HUD grantees through
the HUD OneCPD Technical Assistance program. Areas of specialization include subrecipient
management, program monitoring and nonprofit capacity building.
Responsible for Davis-Bacon and Related Acts (DBRA) prevailing wage compliance and monitoring,
including bid document preparation, HUD-11 Employee Field Interviews, review of certified payroll
reports, identification and resolution of labor standards violations, MBE/WBE and Section 3
compliance and reporting. Assists in the monitoring of CDBG, HOME and ESG funded projects for
compliance with HUD regulations. Conducts subrecipient programmatic and financial monitoring of
CDBG funded projects to determine compliance with HUD regulations. Also responsible for reviewing
applications for participation in rehabilitation programs to verify compliance with CDBG, HOME and
ESG program requirements.
City of Los Alamitos, Volunteer
Plan, organize, and supervise recreational activities for day camps and playground programs, score
keep youth and adult sports, supervise and coach youth sports teams, water, rake, and prepare softball
fields, consult with supervisor on children’s behaviors and other various concerns.
Relevant Student Course Work
Econometrics, Labor Economics and Human Resources, Managerial Accounting, Probability and
Statistics Economics, Financial Investment, Business Decisions, Economic Development, and Money
and Banking.
Computer Skills: Microsoft Office (Word, Excel, Outlook, and Power Point, Adobe), Java and E-Views
Programming
EDUCATION:
Bachelor in Business Economics – Statistical Analysis and Forecasting
University of California, Irvine
AFFILIATIONS/ REGISTRATIONS:
Certified HCV Housing Quality Standards
County Lobbyist Certification
Name of Firm: LDM Associates, Inc.Date: July 1, 2019
Address:
10722 Arrow Route, Ste. 822
Rancho Cucamonga, CA 91730
Telephone: ( 909 ) 476 6006
Acting on behalf of the above named firm, as its Authorized Official, I make the following certification to
the Los Angeles County Community Development Authority, County of Los Angeles, and to the City of
Azusa, as the local contracting agency (LCA);
.
1)It is understood that each person, entity, or firm who applies for a Los Angeles County
Community Development Authority contract, and as part of that process, shall certify that
they are familiar with the requirements of the Los Angeles County Code, Chapter 2.160
(Los Angeles County Ordinance 93-0031) and;
2)That all persons/entities/firms acting on behalf of the above named firm have and will
comply with the County Code, and;
3)That any person, entity, or firm who seeks a contract with the Los Angeles County
Community Development Authority shall be disqualified therefrom and denied the contract
and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any
other person or entity acting on behalf of the named firm fails to comply with the provisions
of the County Code.
This certification is material representation of facts upon which reliance was placed when this transaction
was made or entered into.
Authorized Official:
(Print Name of Contractor’s Authorized Representative) (Signature of-Contractor’s Authorized Representative)
(Title) (Date)
P a g e 1 | 6
REQUIRED FEDERAL PROVISIONS AND SPECIAL REQUIREMENTS
The parties agree that the following provisions also apply to the Agreement and
that these provisions supersede the Agreement where they conflict:
Consultant shall assist City to ensure that City CDBG projects comply with all
applicable Federal and County of Los Angeles Requirements including, but not limited
to, the following:
Source of Funds
The City participates in the Community Development Block Grant ("CDBG")
program and receives annual funding from the U .S Department of Housing and
Urban Development ("HUD") through the Los Angeles County Community
Development Commission under the Housing and Community Development Act of
1974, Public Law 93-383, as amended , herein called the "Act". This contract is for
services that may be funded in whole or in part with CDBG funds.
Patent Rights
If this Agreement results in any d iscovery or invention which may develop in the
course of or under the Agreement, the City reserves the right to royalty-free, non-
exclusive and irrevocable license to reproduce, publish or otherwise use and to
authorize other to use the work for any governmental purpose.
Copyright
If this Agreement results in any copyrighted material, the City and or/granter agency
reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce,
publish or otherwise use and to authorize other to use the work for any governmental
purpose.
Records
Consultant shall keep, and require subcontractors to keep, such 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. 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. Such records shall be maintained for a
period of five (5) years following completion of the services hereunder, and the City
shall have access to such records in the event any audit is required.
o FEDERAL REQUIREMENTS
o EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. During the
Performance of this agreement, the Consultant agrees as follows:
• The Consultant will not discriminate against any employee or
applicant of reemployment because of age, race, creed, sex,
color or national origin. The Consultant will take affirmative
action to ensure that the applicants are employed, and that
P a g e 2 | 6
employees are treated during employment, without regard to
their age, race, creed, sex, color or national origin.
Such action shall incl ude, but not be limited to the following:
employment, upgrading, demotion, or transfer; rates of pay of
other forms of compensation; and selection for training,
including apprenticeship. The Consultant agrees to post in
conspicuous places, available to employees and applicants for
em ployment , notices to be provided by the City setting
forth the provisions of this non-discrimination clause .
• The Consultant will, in all solicitation of advertisement for
employees to be placed b y or on behalf of the Consultant,
state that all qualified applicants will receive consideration for
employment without regard to age, race, creed, color, sex, or
national origin.
• The Consultant will cause the foregoing provisions to be inserted
in all subcontracts for any work covered by this Agreement
so that such provisions will be binding upon each
subcontractor, provided that the foregoing provisions shall not
apply to contracts or subcontracts for standard commercial
supplies or raw materials.
• The Consultant will comply with all provisions of the Executive
Order 11246 of September 24, 1965 and of the rules, regulations,
and relevant order of Secretary of Labor.
• The Consultant will furnish all information and reports
required by Executive Order 1 1246 of September 25, 1 965,
and by the rules, regulations and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the City and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules,
regulations and orders.
• In the event of the Consultant’s non-compliance with the equal
opportunity clauses of the Agreement or with any such rules,
regulations or orders, this Agreement may be canceled ,
terminated, or suspended in whole or in part and the Consultant
may be declared ineligible for further government contracts in
accordance with procedures authorized in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of
the Secretary of Labor, or as otherwise provided by law.
• The Consultant will include the provisions of paragraph (a)
through (f) in every subcontract or purchase order unless exempted
by rules, regulations , or orders of the Secretary of Labor issued
pursuant to Section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon
P a g e 3 | 6
each subcontractor or vendor . The Consultant will take such
action with respect to any subcontract or purchase order as the
City may direct as a means of enforcing such provisions
including sanctions for noncompliance; provided, however, that
in the event the Consultant becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of
such directions by the City, the Consultant may request the
United States to enter into such litigation to protect the interest of
the United States.
• CIVIL RIGHTS ACT OF 1964. Under Title VI the Civil Rights
Act of 1964, no person shall, on the grounds of race, color, or
national origin , be excl uded from participation in, de denied the
benefits of, or be subjected to discrimination under any program
activity receiving federal financial assistance.
• SECTION 1 09 OF THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974. No person in the United States
shall, on the grounds of race, color, national origin, or sex be
excluded from participation in, be denied the benefits , or be
subjected to discrimination under any program or activity funded
in whole or in part with funds made available under this title.
• AGE DISCRIMINATION ACT OF 1975 AND
REHABILITATION ACT OF 1973. Any prohibition against
discrimination on the basis of age under the Age Discrimination
of 1975, or with respect to an otherwise qualified handicapped
individual, as provided in Section 504 of the Rehabilitation Act
of 1973, shall also apply to any such program or activity.
• "SECTION 3" COMPLIANCE IN THE PROVISION OF
TRAINING, EMPLOYMENT AND BUSINESS
OPPORTUNITIES. The work to be performed under this
Agreement is on a project assisted under a program providing
direct federal financial assistance from the Department of
Housing and Urban Development and is subject to the
requirements of Section 3 of the Housing and Urban
Development and is subject to the requirements of Section 3 of
the Housing Urban Development Act of 1968, as amended, 12
U .S.C. 1701u. Section 3 requires that, to the greatest extent
feasible, opportunities for training and employment be given to
lower income residents of the project area and contracts for work
in connection with the project be awarded to business concerns
which are located in or owned in substantial part by persons
residing in the area of the project.
• The parties of the Agreement will comply with the provision
of said Section 3 and the regulations issued pursuant thereto by
the Secretary of Housing and Urban Development set forth in
24 CFR 135, and all applicable rules and orders of the
P a g e 4 | 6
Department issued there under prior to the execution of the
Agreement. The parties to this Agreement certify and agree that
they are under contractual or other disability which would
prevent them from complying with these requirements.
• The Consultant will send to each labor organization or
representative of workers with which he has a collective
bargaining agreement or other contract or understanding, if
any, a notice advising the said labor organization of workers'
representative of his commitments under this Section 3 clause
and shall post copies of the notice in conspicuous places available
to employees and applicants for employment of training.
• The Consultant will include this Section 3 clause in every
subcontract for work in connection with the project and will,
at the direction of the applicant for or receipt of federal
financial assistance, take appropriate action pursuant to the
subcontract upon a finding that the subcontractor is in violation of
regulations under 24 CFR Part 135 and will not let any
subcontract unless the subcontractor has first provided him
with a preliminary statement of availability to comply with the
requirement of these regulations .
• Compliance with provision of Section 3 of the regulations set
forth in 24 CFR Part 135, and all applicable rules and orders of
the contract, shall be a condition of the federal financial
assistance provided to the project, binding upon the applicant
or recipient for such assistance, its successors, and assigns.
Failure to fulfill these requirements shall subject the applicant
or recipient, its contractors and subcontractor, it successors and
assigns to those sanctions specified by the grant or loan
agreement or contract through which federal assistance is
provided , and to such sanction as are specified by 24 CFR Part
135.
• LOBBYING CERTIFICATION. The Consultant certifies that no
Federal appropriated funds have been paid or will be paid, by or
on behalf of the Consultant, to any person for influencing or
attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or a
making of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any
Federal contract, grant, loan or cooperative agreement.
• The Consultant certifies that if any funds other than Federal
appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or
employee of any agency in connection with this Federal
contract, grant, loan, or cooperative agreement, the Consultant
shall complete and submit Standard Form-LLL, "Disclosures
P a g e 5 | 6
Form to Report Lobbying" in accordance with its instructions.
• The Consultant shall require that the language of this
certification be included in all subcontracts and that all
subcontractors shall certify and disclose accordingly .
o DISCLOSURE AND COMPLIANCE. Consultant agrees that any conflict or
potential conflict of interest shall be fully disclosed prior to execution of this
contract and Consultant shall comply with all applicable federal, state and
county laws and regulations governing conflicts of interest including but not
limited to 2 CFR 200.112 - Conflict of Interest found in Part 200 – Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards.
o CLEAN AIR AND WATER ACTS. The Consultant agrees to comply with the
following regulations insofar as they apply to the performance of this Agreement:
1. Clean Air Act, 42 U .S.C., 1857, et seq.
2. Clean Water Act
3. Federal Water Pollution Control Act, as amended , 33 U.S.C. 1251, et seq.
as amended by section 1318 relating to inspection , monitoring, entry,
reports, and information, as well as other requirements specified in said
Section 1 14 and Section 308, and all regulation s and gu i delines issued
thereunder.
4. Environmental Protection Agency (EPA) regulations pursuant to 40
C.F.R., Part 50, as amended.
5. National Environmental Policy Act of 1969.
6. HUD Environmental Review Procedures (24 CFR, Part 58).
7. Energy Pol icy and Conservation Act
8. Executive Order 11738
o LABOR STANDARDS . Consultant agrees to comply with the requirements
of the Secretary of Labor in accordance with Executive Order 11246, the
Davis Bacon Act as amended, the provision of Section I 03 and I 07 of the
Contract Work Hours and Safety Standards Act , the Copeland "Anti-
Kickback" Act (40 U.S.C. 276, 327-333), Section 3 of the Housing and Urban
Development Act of 1968, and all other applicable federal, state, and local
laws and regulations pertaining to labor standards insofar as those acts apply to
the performance of this Agreement. Consultant shall maintain documentation
which demonstrates compliance with hour and wages requirement of this part.
Such documentation shall be made available to the City for review upon
request.
Consultant agrees that, except with respect to the rehabilitation or construction
of residential property designed for residential use for less than eight (8)
households, all contractors engaged under contracts in excess of $2,000 for
construction, renovation or repair of any building or work financed in whole or
P a g e 6 | 6
in part with assistance provided under this contact, shall comply with federal
requirements adopted by the City pertaining to such contracts and with the
applicable requirements of the regulations of the Department of Labor, under
CFR, Parts 3, I 5 and 7 governing the payment of wages and ratio of
apprentices and trainees to journeymen; provided, that if wages rates higher
than those required under the regulations are imposed by state or local law,
nothing hereunder is intended to relieve the Consultant of its obligation, if any,
to require payment of the higher wage.
o COUNTY OF LOS ANGELES REQUIREMENTS
The Consultant certifies that it is understood that each person/entity/firm who
applies for a Community Development Commission contract, and as part of that
process, shall certify that they are familiar with the requirements of Los Angeles
County Chapter 2.160, (Los Angeles County Ordinance 93-0031); and
That all persons/entities/firms acting on behalf of the above named firm have and
will comply with the County Code; and
That any person/entity/firm who seeks a contract with the Community
Development Commission shall be disqualified therefrom and denied the contract
and, shall be liable in civil action, if any lobbyist firm, lobbyist employer or any
other person or entity acting on behalf of the above named firm fails to comply with
the provisions of the County Code.