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CC - Item 4C - Assignment of Professional Services Agreement to Priscila Davila and Associates for Administration and Implementation of the City's Federal Grant Programs - CDBG/Home Programs and Activities E M ROSEMEAD CITY COUNCIL Atv STAFF REPORT CIVIC PRIDE 4VconFoRATEE,19y9 TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER t.,d, DATE: March 23, 2021 SUBJECT: ASSIGNMENT OF PROFESSIONAL SERVICES AGREEMENT TO PRISCILA DAVILA AND ASSOCIATES FOR ADMINISTRATION AND IMPLEMENTATION OF THE CITY'S FEDERAL GRANT PROGRAMS— CDBG/HOME PROGRAMS AND ACTIVITIES SUMMARY The City of Rosemead is an Entitlement City through the Federal Housing and Urban Development (HUD) Grant Programs. As such, the City receives Community Development Block Grant (CDBG) funds and HOME Investment Partnerships Act Program (HOME) funds. For the fiscal year 2020-2021, the City of Rosemead received $754,104 in CDBG and $356,613 in HOME funds to implement various programs and activities. The City also received a special allocation of $443,682 in the first round of CDBG coronavirus (CDBG-CV) grants for implementation during this fiscal year. Recently, the City received notification of CDBG-CV Round 3 allocation of $528,646. (Round 2 CARES Act funding was issued to states from the Department of Treasury rather than directly to entitlement cities and local jurisdictions through HUD's CDBG Program.) Under a Professional Services Agreement (PSA), a professional housing consultant that is up-to-date on federal regulations would assist the City in the administration, programming, and implementation of the HOME and CDBG funding and activities. The cost of services would be paid from the HOME and CDBG funds. BACKGROUND In the fiscal year 2018, the City brought on Michael Baker International (MBI) to administer and implement the City's CDBG and HOME Programs on a three-year contract at $80,000 per year. In September 2019, the City brought on Priscila Davila and Associates (PDA)to assist MBI with the CDBG and HOME program activities at $30,000 for a one-year contract. The scope of work of the two firms was different. MBI was responsible for HUD administration including tracking the federal funding; completing federal reports (i.e., Annual Action Plan, Consolidated Plan, Analysis of Impediments, Substantial Amendments, etc.); conducting drawdowns; and ensuring labor compliance. PDA was brought on board to manage the daily activities associated with the Handyman Grant, Owner-Occupied Rehabilitation Program, and First Time Home Buyer Program. To streamline CDBG and HOME activities with HUD reporting requirements, staff AGENDA ITEM 4C City Council Meeting March 23,2021 Page 2 of 4 determined it would be best to work with only one consulting firm and the Agreement with MBI was terminated. The City has an existing contract with PDA, however, it is set at $30,000 and is not sufficient to cover the HUD reporting requirements previously managed by MBI. Additionally, there are significantly higher costs associated with the administration and implementation of the CDBG- CV funds and activities. Therefore, on February 4, 2021, the City released Request for Proposals (RFP) No. 2021-01 soliciting bids from qualified and interested consultants to provide professional services associated with the administration of the City's Federal Grant Programs (CDBG, HOME, and CDBG-CV funds). The City received two responses to RFP No. 2021-01. After careful consideration of each proposal, including but not limited to, responses to the RFP requirements, firm's history, ability to provide services, staff qualifications, fee structure, and interviews with both firms, staff believes that entering into a three-year Professional Services Agreement with Priscila Davila and Associates would be the best course of action for the City at this time due to the firm's experience with HUD CDBG and HOME program funds. DISCUSSION Request for Proposal "RFP")No. 2021-01 The said RFP was released on February 4, 2021, with posting on the City's website and distribution to four prospective firms. Proposals were due to the City Clerk's Office on February 25, 2021, where two proposals were received and remained unopened until after the 10:00 a.m. deadline. No proposal was received after the deadline. All received proposals are on file with the City Clerk's office for public record and review. Consultant Proposals Staff thoroughly reviewed the two submitted proposals and found that both firms demonstrated the minimum capacity to perform the requested services. The firms showed history and ability to provide the requested CDBG and HOME administration, implementation, and reporting functions as required by HUD. The following is a summary of the two firms: Calyptus Consulting Group, Inc. —Calyptus was incorporated in June 1992 and is supported by fourteen (14) employees across the United States. The firm provides a full range of grants management services including program implementation, policy recommendations, subrecipient monitoring, program reporting, procurement, public outreach, among other services. Clients include Federal Transit Authority, Orange County Transportation Authority, Marin County Housing Authority, to name a few. The firm office is located in Cambridge, Massachusetts. Mr. George Harris, firm President, proposed to serve as the main contact and Project Manager working remotely from Massachusetts. Mr. Harris has over 24-years of experience in administering federal grants. Mr. Harris proposed to be supported by three staff. One who would work remotely from Texas and two local staff who would be available to come into Rosemead City Hall, as necessary. City Council Meeting March 23,2021 Page 3 of 4 Priscila Davila & Associates, Inc. — Priscila Davila & Associates was founded in 2006 and is located locally in Orange, CA. The firm, in partnership with Ms. Deborah Sottek, JEDA Works (DBA Housing Programs), provides HUD related services and is operated by the firm's principal, Ms. Priscila Davila. Ms. Davila proposed to serve as the main contact and onsite individual who will provide the direct services to the City of Rosemead. As such she proposed to be responsible for meeting HUD reporting deadlines, submit required documents to HUD, prepare drawdowns, labor compliance, and CDBG-CV programs, among others. Ms. Sottek would focus on the daily CDBG and HOME programs and activities. Ms. Sottek has an active California Real Estate Broker's license for 20 years and has coordinated over 2,000 escrow transactions for first-time home buyer, owner-occupied and multi-family rehabilitation programs. The same partnership is currently providing similar services for the City of Monterey Park, Newport Beach, and Ontario. Ms. Davila provides services for numerous other cities in the region, including La Habra, Pomona, Pasadena, among others. Below is a summary matrix of each firm's hourly billing rates and rates for the key project component. The consultant staff that would be assigned to the City of Rosemead is noted as "primary"in bold and italic font. Calyptus Consulting Priscila Davila& Group Associates Director/President/Sr.VP $150 $75 (for both Ms. Davila and Ms. Sottek) Grant Analyst $125 Estimated Total Project Cost $277,000 Per Year The two firms demonstrated the minimum requirements to perform the services requested and responded well to the interviews exhibiting the knowledge and experiences in HUD programs and activities. Staff interviewed Mr. Harris, President of Calyptus and Ms. Davila and Ms. Sottek with PDA. While Mr. Harris was knowledgeable in contract management, staff had a few concerns. First, Mr. Harris said he would serve as the primary contact and Project Manager for the City of Rosemead but work remotely from Massachusetts. While technology makes working remotely quite easy, should the City need Mr. Harris to come into the office it may be problematic. Second, Mr. Harris' firm does have significant experience in federal contract management, the contracts are primarily in the transportation field. Finally, the proposed hourly rates for Calyptus are significantly higher than Priscila Davila and Associates. Staff interviewed both Ms. Davila and Ms. Sottek with PDA and were impressed with their experience and knowledge of HUD programs and activities. PDA was able to demonstrate more experience directly related to administering, implementing, and overseeing the daily operations of successful CDBG and HOME programs. Staff is recommending to retain PDA to assist the Housing Division in administering the HUD CDBG and HOME programs and activities. As mentioned previously, the City had a one-year contract with PDA from September 2019 to October 2020. Since that time, PDA has continued to provide the Housing Division temporary City Council Meeting March 23,2021 Page 4 of 4 and limited services to ensure that the City is in compliance with HUD deadlines, while we prepared to release the RFP. STAFF RECOMMENDATION Staff recommends that the City Council Authorize the City Manager to execute a Professional Services Agreement with Priscila Davila and Associates to administer, implement and manage HUD CDBG, HOME and CDBG-CV programs and activities with an annual not-to-exceed contract amount of$80,000 per year for a term of three (3)years with two (2) one-year options. FISCAL IMPACT The City of Rosemead, as an Entitlement City, receives annually HUD CDBG and HOME funds. For Fiscal Year 2020-2021, the City received $754,104 in CDBG and $356,613 in HOME funds. Of such funds, CDBG rules allow for 20%to be used for Program Administration Costs ("PAC") and HOME rules allow for 10% to be used for similar PAC costs. CDBG and HOME rules also allow approximately 16% to 20% of the CDBG and HOME program activity budget to reimburse staff/consultant costs (referred to as Activity Delivery Costs or "ADC"). The consultant service costs would be paid out of the said PAC and/or ADC allocations of the annual CDBG and HOME grants. STRATEGIC PLAN IMPACT None. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: gelica 14it usto-Lupo, Director of Community evelopment Attachment A: Request for Proposal (RFP)No. 2021-01 Attachment B: Proposal from Calyptus Consulting Group, Inc. Attachment C: Proposal from Priscila Davila&Associates, Inc. Attachment D: Professional Services Agreement with Priscila Davila& Associates, Inc. itit61 F '9`� O CIVIC PRIDE Irt lY 1NcORPORATEO�9b9 Attachment A Request for Proposal No. 2021-01 O h CITY OF ROSEMEAD REQUEST FOR PROPOSAL NO. 2021-01 PROFESSIONAL SERVICES FOR ADMINISTRATION OF HOME/CDBG PROGRAMS TO THE COMMUNITY DEVELOPMENT DEPARTMENT SUBMITTALS: Three (3) bound copies and one (1) electronic PDF file on flash drive of the proposal in sealed envelope(s) must be received by the City of Rosemead's City Clerk's Office by no later than February 25, 2021 at 10:00 a.m. CONTACT PERSON: Angelica Frausto-Lupo, Community Development Director City of Rosemead 8838 E. Valley Boulevard Rosemead, California 91770 (626) 569-2169 afrausto-lupo@cityofrosemead.org PROPOSALS RECEIVED AFTER THE TIME AND DATE STATED ABOVE SHALL NOT BE CONSIDERED. FACSIMILE AND E-MAIL PROPOSAL WILL NOT BE ACCEPTED. INQUIRIES: Direct questions for clarification on Request for Proposal documents to Angelica Frausto-Lupo, Community Development Director at afrausto-lupo@cityofrosemead.org or (626) 569-2169. MODIFICATIONS: Any modification of this Request for Proposal will be provided to consultants who request notification of any modifications. ISSUANCE DATE: February 4, 2021 INTRODUCTION Through this Request for Proposal ("RFP") and evaluation process, the City of Rosemead is seeking qualified consultant(s) to provide professional services associated with the administration and implementation of the City's Federal Grant Programs. Rosemead, as an Entitlement City, is an annual recipient of Community Development Block Grant Program (CDBG) and HOME Program funds from the U.S. Department of Housing and Urban Development ("HUD"). For Fiscal Year 2020-2021, the City received approximately$754,104 in CDBG and $356,613 in HOME funds to implement the following activities and programs: Home Improvement Grant, Owner Occupied Loan Program, Production of Affordable Housing, and various public service programs. Additionally, the City received $443,682 in CDVG-CV funds to prevent, prepare for, and respond to the coronavirus (COVID-19). BACKGROUND The City of Rosemead is a suburb located in the San Gabriel Valley, 10 miles east of downtown Los Angeles. It is bounded on the north by the cities of Temple City and San Gabriel, on the west by Monterey Park,Alhambra, and the unincorporated Los Angeles County community of South San Gabriel, on the south, plus by El Monte and South El Monte on the east.The City is 5.5 square miles (2,344-acres) in size. Rosemead is a diverse city with a population of approximately 54,058 people. Of the residents in Rosemead, 60.6% identify as Asian; 34.5% identify as Hispanic or Latino; 14.4% as white non-Hispanic; 0.5% as American Indian and Alaskan Native; and 0.2% as Black or African American. Approximately half of the city's housing units are occupied by renters (50.49%) and half are occupied by owners (49.51%). The median household income in Rosemead is 23% lower than in the County overall and 30% lower than the State. Rosemead's population size has remained consistent in comparison to the broader region, increasing by only approximately 1,110 people from 2000 to 2017.1 THE ORGANIZATION Rosemead operates under the Council/Manager form of government. The City Council is elected at large to four years, overlapping terms. The Mayor is elected by a majority vote of the City Council and rotates each year. The City Manager is appointed by, and serves at the pleasure of, the City Council. The CD BG and HOME programs a re under direction of the Community Development Director. The Community Development Department consists of Building & Safety, Economic Development, Housing and Planning.The selected consultant is expected to provide expert knowledge and administer and implement the City's Federal Grant Programs. OBJECTIVE It is the objective of this RFP to solicit proposals from qualified and interested consultants to provide professional services associated with the administration and implementation of the City's Federal Grant Programs(CDBG and HOME funds). The length of the professional service agreement and the level of service shall be at the sole and absolute discretion of the City. SCOPE OF SERVICE Project tasks include, but are not limited to: 1 US. Census Bureau, American Community Survey: 2000, 2013-2017 ACS 5-Year Estimates, 2019 1) Under general direction from the Director of Community Development, the selected consultant will be responsible for assisting in the timely preparation and processing through HUD of all the documents related to the CDBG and HOME Programs including loan and grant applications, plans, monitoring, programmatic and fiscal reports. 2) The selected consultant shall be responsible for assisting in data gathering and analysis; public outreach and hearings; evaluating the design and implementation of all grant- supported programs and activities; preparing pertinent policy recommendations, and implementing programmatic activities as needed. STAFF CONTACT Questions concerning this RFP may be directed to: Angelica Frausto-Lupo, Director of Community Development City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 Phone Number: (626) 569-2169 Afrausto-lupo@cityofrosemead.org LENGTH OF CONTRACT The contract for CDBG and HOME administration services will be for a three-year period with the option for up to two (2) one-year extensions at the sole and absolute discretion of the City. CITY'S RESPONSIBILITY Upon awarding of the contract, the City shall provide the selected consultant with any pertinent ordinances and resolutions or any other information mutually agreed upon that will assist the consultant with the completion of the contract requirements. PROPOSAL CONTENT/FORMAT The consultant shall submit a comprehensive proposal, as follows: 1. Cover letter. 2. Name and address of consultant(please include address of local office if applicable). 3. The principle contact person that the consultant will assign to the Rosemead account. 4. A description of your understanding of the project. 5. An outline showing tasks and time frames to ensure completion and submittal of the document prior to the Federal deadline (Action Plan, Consolidated Annual Performance Evaluation Report,and Assessment of Fair Housing). 6. Experience and qualifications of the consultant and management team, including a description of relevant similar projects. The City reserves the right to reject any of the firm's consultants or management team. After the proposal deadline, substitution of consultants and management team may only be made with the permission of the City. 7. A reference list of at least three (3) other public agencies, including contact person's name and phone number, who the consultant currently provides HUD services to. 8. A list of any pending or previous litigation over the past five years related to your firm's work, and the outcome of any closed claims or cases. 9. Total project costs to the City,including a breakdown of costs by task and hourly rates. The consultant acknowledges that submittal of a proposal constitutes acceptance of and a willingness to comply with all of the terms, conditions and criteria contained within this RFP. Proposals not in compliance with the terms and conditions contained herein may be cause for rejection. The City reserves the right to interpret or change any provision of this RFP at any time prior to the proposal submission due date. Such changes or interpretations will be in the form of an addendum. PROPOSAL EVALUATION AND CRITERIA Proposals will be evaluated on the proposer's ability to provide services that meet the requirements set forth in this RPF. The City reserves the right to make such investigations as it deems necessary to determine the ability of the proposer to provide services meeting a satisfactory level of performance in accordance with the City's requirements. The proposer shall furnish such information and data for this purpose as the City may request, at no cost to the City. Interviews and presentations by one, several, or all of the proposers submitting a proposal may be requested if deemed necessary to fully understand and evaluate the proposer's capabilities and qualifications. The adequacy, depth, and clarity of the proposal will influence, to a considerable degree, its evaluation.The final selection of the consultants will be based on the following criteria: 1. Understanding the scope of work. 2. Quality of proposal. 3. Ability of the consultant to provide the full range of requested services. 4. Demonstrated professional skills and credentials of staff to be assigned to this agreement. 5. Related experience of firm. 6. Consultant's ability to execute the contract in a timely manner. 7. References. 8. Cost as compared to related service requirements(lowest cost will not be the sole determining factor). The award of a contract will be based on a combination of the aforementioned criteria and costs. DISCRETION AND LIABILITY WAIVER 1. Proposers shall carefully read the information contained in this RFP and submit a complete response to all requirements and questions as directed. Incomplete proposals may be considered non-responsive and may be rejected in the City's discretion. 2. All information,documentation,and other materials submitted in response to this solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure after the solicitation is completed. 3. Proposers shall prepare and develop proposals at their sole cost and expense. 4. The City makes no representations of any kind that an award of a contract will be made as a result of this RFP, or subsequent RFP. The City reserves the right to accept or reject any or all proposals, waive any formalities or minor technical inconsistencies, and/or delete any item/requirements from this RFP when deemed to be in City's best interest. 5. Failure to comply with all requirements contained in this RFP may result in the rejection of a proposal. 6. A proposal may be modified or withdrawn in person at any time before the scheduled due date, provided a receipt for the withdrawn proposal signed by the proposer's authorized representative. The City reserves the right to request proof of authorization to withdraw a proposal. 7. The City may evaluate the proposals based on the anticipated completion of all or any portion of the project. The City reserves the right to divide the project into multiple parts,to reject any and all proposals and re-solicit for new proposals, or to reject any and all proposals and temporarily or permanently abandon the project. 8. The City may, in the evaluation of proposals, request clarification from proposers regarding their proposals, obtain additional material or literature, and pursue other avenues of research as necessary to ensure that a thorough evaluation is conducted. 9. By submitting a proposal in response to this RFP, the consultant accepts the evaluation process, acknowledges and accepts that determination will require subjective judgments by the City, and waives all right to protest or seek any legal remedies whatsoever regarding any aspect of this RFP. 10. The City of Rosemead expects the highest level of ethical conduct from proposers, including adherence to all applicable laws and local ordinances regarding ethical behavior. 11. If an agreement cannot be reached with the highest ranked proposer, City reserves the right to terminate negotiations with that party and enter into negotiations with the next highest ranked proposer. 12. Finalists in the selection process may be asked to attend an interview once the RFP process is complete. 13. Acceptance of any proposal is contingent upon the proposer's certification and agreement by submittal of its offer, to comply and act in accordance with all provisions of the City's Municipal Code. All proposals submitted shall be binding for 90 days from the date of submittal. DRAFT AGREEMENT Included with this RFP as "Attachment A" is a draft of the Professional Services Agreement that will be utilized for this contract. Please pay particular attention to the insurance requirements specified in the draft agreement. It should be noted that this Agreement is subject to change and revision pursuant to review by the City Attorney. The proposal process, contract negotiations and execution, and subsequent actions will be conducted by the City in accordance with applicable law. Consultants should carefully review this document, which constitutes the formal RFP,to ensure a clear understanding of the City's needs and objectives and scope of work. DIRECTIONS FOR SUBMITTAL OF PROPOSAL Deadline: Proposals must be received by the City of Rosemead City Clerk's Office no later than February 25, 2021 at 10 a.m. SUBMITTALS: Three (3) bound copies and one (1) electronic PDF file on flash drive of the proposal in sealed envelope must be received by the City Clerk's Office. CONTACT PERSON: ATTN:Angelica Frausto-Lupo, Community Development Director City of Rosemead 8838 E. Valley Boulevard Rosemead, California 91770 (626) 569-2169 afrausto-lupo@cityofrosemead.org Y 4;ne "ATTACHMENT A" (DRAFT) CITY OF ROSEMEAD PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN CITY OF ROSEMEAD AND CONSULTANT I. PARTIES AND DATE. This Agreement is made and entered into this day of_, 2021 by and between the City of Rosemead, a municipal organization organized under the laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ("City") and Consultant ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." II. RECITALS. 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 professional services associated with the administration and implementation of the City's Federal Grant Programs (CDBG and HOME funds). Project. City desires to utilize the services of Consultant as an independent contractor to provide housing administration and implementation services to the City's Community Development Department ("Project"). III. TERMS. 3. Scope of Services and Term. 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 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. Term. The term of this Agreement shall be from DATE to DATE and may be extended for up to two(2) additional year(s) at the sole discretion of the City, 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. 3.1 Responsibilities of Consultant. 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. 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. Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 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. City's Representative. The City hereby designates the City Manager, 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. Consultant's Representative. Consultant hereby designates Consultant Staff 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. 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. 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 certification(s) and that such licenses, certifications 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. Laws and Regulations. 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 Insurance. 3.2.10.1 Time for Compliance. Consultant shall maintain prior to the beginning of and for the direction of this Agreement insurance coverage as specified in "Exhibit D" attached to and part of this agreement. 3.2.11 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life-saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Total payment to Consultant shall not exceed Consultant's Proposal which is hereby incorporated and found in Exhibit"B." 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. City agrees to compensate Consultant for services under this Agreement in compliance with the schedule set forth in this Agreement. Payment will be made only after submission of proper monthly invoices in the form and manner specified by City. City shall endeavor to pay invoices bearing correct and authorized charges within 30-days of the date they are received; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. City shall not be responsible to Consultant for any additional charges, interest or penalties due to a failure to pay within such period. 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 1600, 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 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at thirty (30) days before the effective date of such termination. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within seven (7) calendar days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONSULTANT: Consultant Info CITY: City of Rosemead P.O. Box 399 Rosemead, CA 91770 Attn: City Clerk's Office 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. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 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"). 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 provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. All reports, documents or other written material developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Such material shall not be the subject of a copyright application by Consultant. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 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. 3.5.5 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. 3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its officials, officers, employees,volunteers and agents free and harmless from any and all claims,demands,causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorney's fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 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. 3.5.13 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. 3.5.14 Amendment; Modification. No supplement,modification,or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; 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. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person,other than a bona fide employee working solely for Consultant,to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee,commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. 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. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 'signatures on next page] CITY OF ROSEMEAD CONSULTANT By: By: Gloria Molleda, City Manager Name Title Attest: Ericka Hernandez, City Clerk Approved as to Form: Rachel Richman, City Attorney el , M 9 4k, ,c& CIVIC PRIDE fgriVY 'NCORPOR aeo'g° Attachment B Proposal from Calyptus Consulting Group, Inc. E 5 0 4 J '..,,� Y 01.0t0 Pktal, F * •, #T �' r",���•Ar�5,gg6 Proposal for Professional Services for Administration of Home/CDBG Programs to the Community Development Departments In response to Request for Proposal No. 2021-01 Submitted February 25, 2021 10:00 a.m. Submitted by: Ca lyptus Consulting Group, Inc. /11411° 16 Leonard Avenue Cambridge, MA 02139 Ii . ILI.4 " II1T'TJS P: 617-577-0042 E:gharris@calyptusgroup.com Consulting Group, Inc. www.calyptusgroup.com Contact Name:Dr.George L. Harris Table of Contents 1. Re: Proposal Cover Letter 2. Name and address of consultant 1 3. Principle contact person 1 4. Understanding of the project 1 5. Project Plan:Tasks and timeframes 2 1.a. Prepare and process loan and grant applications 3 1.b. Prepare and process CDBG and HOME Program Plans 7 1.c.Conduct monitoring 8 1.d. Prepare and process programmatic and fiscal reports 11 2.a. Assist in data gathering and analysis 13 2.b. Conduct public hearings 13 2.c. Evaluating the design and implementation of grant-supported programs/activities 14 2.d. Prepare pertinent policy recommendations 14 2.e. Implementing programmatic activities as needed 15 Project schedule 17 6. Experience and qualifications 18 a. Key personnel 18 b. Resumes 21 c. Experience of the firm 29 Federal Transit Administration(FTA) -1996 to Present 30 Orange County Transportation Authority(OCTA) 2013-Present 31 Sound Transit—2017-Present 31 d. Experience providing CDBG Program consulting services 31 7. References 32 Federal Transit Administration(FTA) 32 Orange County Transportation Authority(OCTA) 33 Sound Transit 33 North County Transit District 34 Court Services and Offender Supervision Agency 34 Wilmington Housing Authority 34 8. Pending litigation 35 9. Total project costs 35 ATTACHMENT A:Sample Subrecipient Monitoring Program 36 a. Subrecipient Monitoring Procedures Guide, Table of Contents 37 e. Subrecipient Monitoring Needs Assessment Questionnaire 38 f. Subrecipient Compliance Review Guide 44 a. Financial Management and Financial Capacity 45 Legal 49 Technical Capacity 50 Maintenance 55 Americans with Disabilities Act 59 Title VI 64 Procurement 68 Disadvantaged Business Enterprise 76 Satisfactory Continuing Control 79 Planning/Program of Projects 83 Public Comment 85 Half Fare 86 Charter Bus 88 School Bus 89 Drug-Free Workplace/Drug and Alcohol Program 90 Transit Asset Management 97 Equal Employment Opportunity 98 g. Subrecipient Monitoring Virtual Review Procurement Checklist 102 ATTACHMENT B:Example Subrecipient Monitoring Checklist 107 ATTACHMENT C: Complete List of DOT Complia nce Reviews Conducted 2013-2019 112 ATTACHMENT D:Sample Project(Construction) Management Procedures 116 1. Sunline Transit Agency Project Management Procedures 117 h. OCTA,Construction Management Manual Table of Contents 121 "1/141111V Calyptus Consulting Group Inc. 16 Leonard Avenue CALY PT U Cambridge, MA 02139 P: 617-577-0042 Consulting Group, Inc. E: info@calyptusgroup.com www.calyptusgroup.com February 25, 2021 Attn:Angelica Frausto-Lupo, Community Development Director City of Rosemead 8838 E.Valley Boulevard Rosemead,CA 91770 (626)569-2169 1. Re: Proposal Cover Letter for Professional Services for Administration of Home/CDBG Programs to the Community Development Department Dear Ms. Frausto-Lupo: Calyptus is pleased to submit the complete proposal to provide grant administration services for Community Development Block Grant(CDBG)Program Administration. We are working with the Federal Transit Administration(FTA) and various housing authorities to distribute CARES funding and to develop appropriate grants management procedures and have conducted many recipient assessments and audits across the country.The collective grants management and compliance expertise of our staff spans over 50 years.As a small business,we pride ourselves in our specialization in public fund management and the personalized service we provide to clients. This comprehensive proposal follows the content/format defined in the request for proposals (RFP): 1. Cover letter 2. Name and address of consultant a. Including location of company address and key personnel assigned to this effort 3. Principle contact person that the consultant will assigntothe Rosemead account 4. A description of our understanding of the project as defined in the RFP and following an initial review of publicly available Rosemead CDBG materials 5. An outline of the tasks and timeframes to ensure completion and submission of all documents prior to Federal deadlines a. Approach to each task listed in the RFP b. Project schedule,to be refined upon project kickoff 6. Experience and qualifications of the consultant and management team,including a description of relevant similar projects a. Key personnel b. Resumes c. Experience of the firm 7. A list of five (5) references with contact information of other public agencies 8. There is no pending or previous litigation over the past five(5) years related to your firm's work. 9. Total project costs of the project broken down by task and hourly rates CALYPTUS Consulting Group,Inc. This proposal is in accordance with this RFP and I have read and understand all sections and provisions therein.We have no exceptions to the terms and conditions listed in the RFP.This proposal is valid for 90 days from proposal submission. As Calyptus' President, I am the authorized individual to sign the proposal and to negotiate and contractually bind Calyptus. I can be contacted during the proposal evaluation period using the contact information provided in this letterhead. Please do not hesitate to let me know if there is any additional documentation or clarification that you need to assist your evaluation. Sincerely, rI Dr.George Harris President 2 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs 2. Name and address of consultant The Calyptus Consulting Group, Inc.was incorporated in June 1992 and registered in the Commonwealth of Massachusetts as a Subchapter S corporation in 1995. Our business address is 16 Leonard Avenue, Cambridge MA 02139. Dr. Harris is the project manager for all current and previous projects listed in this proposal. He will be the project manager for this project. Calyptus and Dr. Harris have over 24 years of grants management experience and 12 years'experience working with Housing Authorities and HUD using CDBG and other sources of funds.Three(3) analysts will support this effort. Mr.Jameson Beekman works from New Mexico;Ms. Ellen Harveyand Mr.Alfonso Hernandez are located in the Los Angeles area. Ellen and Alfonso can be available on-site as needed and depending on local COVID-19 restrictions. 3. Principle contact person Dr. Harris,the company President, is the authorized individual to sign the proposal and to negotiate and contractually bind Calyptus. He will be the individual assigned to the Rosemead account and can be contacted by phone at(617) 577-0042 or email at gharris@calyptusgroup.com. 4. Understanding of the project The City of Rosemead (City) is an annual recipient of Community Development Block Grant Program (CDBG)and HOME Program funds from the U.S. Department of Housing and Urban Development (HUD). The City received the following funds: • $754,104 in CDBG FY2020-2021 • $356,613 in HOME funds • $443,682 in CDBG-CV funds to prevent, prepare for, and respond to COVID-19 City project activities include home improvement,owner occupied loan program,production of affordable housing,and public service programs. CDBG Entitlement Funds:local agencies are able to receive funding to support a wide range of community- based activities to reduce poverty. These include activities to help families and individuals achieve self- sufficiency, find and retain meaningful employment, attain an adequate education, make better use of available income,obtain adequate housing,and achieve greater participation in community affairs. HOME funding: Participating jurisdictions(PJ)may choose among a broad range of eligible activities,using HOME funds to provide home purchase or rehabilitation financing assistance to eligible homeowners and new homebuyers; build or rehabilitate housing for rent or ownership; or for "other reasonable and necessary expenses related to the development of non-luxury housing," including site acquisition or improvement, demolition of dilapidated housing to make way for HOME-assisted development, and payment of relocation expenses. PJs may use HOME funds to provide tenant-based rental assistance contracts of up to 2 years if such activity is consistent with their Consolidated Plan and justified under local market conditions.This assistance may be renewed. Up to 10 percent of the PJ's annual allocation may be used for program planning and administration. CARES Act funding: At least 70 percent of every grant must be expended for activities that benefit low- and moderate-income persons by providing housing, a permanent job, a public service,or access to new Page I 1 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs or significantly improved infrastructure.The'remaining 30 percent may be used to eliminate slum or blighted conditions, or to address an urgent need for which the grantee certifies it has no other funding. Activities must benefit residents within the jurisdiction of the grantee or as permitted by the CARES Act. CDBG Eligible activities include: • Public service activities • Housing-related activities • Public improvements and facilities • Activities to acquire real property • Economic development activities • General administrative and planning activities We will work directly with the Community Development Director who oversees the CDBG and HOME Programs in providing professional services associated with the administration and implementation of these programs.There has been new guidance issued on the CARES Act funding and we will work with the appropriate individual at the City for this portion of the project. We will also work with the relevant departments,including Building &Safety, Economic Development,and Housing and Planning. Calyptus conducted an initial review of the publicly available program materials on the Rosemead website. The 2020-25 City of Rosemead Consolidated Plan was adopted April 28, 2020, this plan accounts for addition CDBG-CV funding. More recently,the City published a revised Citizen Participation Plan, dated February 2021.The Plan notes that comments received would be attached to the document, but these are missing.At the kickoff meeting,Calyptus will discuss whetherthe City received any comments on the revised document and how they were solicited. In addition, we will review the inclusion of these three projects to the Action Plan and CAPER. We will discuss any comments to the Amended FY2019-2020 and FY2020-2021 Annual Action Plans that were received during the comment period beginning February 16, 2021.As needed, we will support the virtual Public Hearing scheduled for March 9, 2021. During our initial review of the annual plan dated February 16,2021, we identified the following areas for improvement: a. Outreach to all parties was insufficient b. Outreach mediums should have included other than website c. Timefra me for review(less than 1 week) is too short d. Direction on what comments are requested not thoroughly covered. 5. Project Plan:Tasks and timeframes The approach to each of the tasks listed in the RFP is defined in the section below followed by a project schedule indicating that coverage for meeting all project and Federal deadlines: 1. Responsible for assisting in the timely preparation and processing through HUD of all the documents related to CDBG and HOME Programs,including loan and grant applications,plans, monitoring, programmatic,and fiscal reports Page 1 2 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs 2. Assisting in data gathering and analysis;public hearings;evaluating the design and implementation of alI grant-supported programs and activities;preparing pertinent policy recommendations;implementing programmatic activities as needed In addition to supporting administration and implementation of ongoing and upcoming projects, we will review compliance of grant administration practices for the last few years. We will conduct an initial review of the Summer Youth Employment Program, Senior Nutrition Program, Commercial Façade Program and Short Term Housing Assistance Payment Program administration resources and practices for compliance with the CDBG and HOME requirements respectively.We will review the practices related to the Senior Nutrition Program, Emergency Utility Payment Program, Purchase of Protection Equipment, and Business Assistance Program separately for compliance with the CDBG-CV1 requirements. We will make any necessary changes to current practice, City resources, and monitoring tools prior to initiating the project tasks. 1.a. Prepare and process loan and grant applications Calyptus will review applications for eligibility and provide recommendations to the City. We will follow the guidelines in Title 24 Subtitle B Chapter Subchapter C Part 570. Calyptus will ensure that all available funding will be addressed. HUD advises grantees to be strategic in selecting program designs that best align funding sources with local needs.This strategy will review 3 key aspects of the application pool: 1. At least 70%of the funds be used to benefit LMI persons 2. Outcome of the duplication of benefits analysis 3. Eligibility with the City's published criteria and alignment with City goals and priorities Recommendations for funding will be based on published guidelines and will be completed to ensure grantor agreement and funding. This follows entitlement guidelines and gives maximum feasible priority to activities that benefit low-and moderate-income persons.The Town may also carry out activities that aid in the prevention or elimination of slums or blight and fund activities when the grantee certifies that the activities meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs. Supporting Low-and Moderate-Income(LMI)Populations In selecting the applicants, the Town must consider the overall status of service to LMI populations. As per HUD:This CDBG requirement refers to a certification period of over one,two, or three years, a CDBG grantee shall expend not less than 70 percent of its CDBG funds in the aggregate for activities that benefit low- and moderate-income persons. This does not include planning and administrative costs, but does include program income. The grantee elects the period over which it will meet this requirement. This has also been referred to as the 70 percent(70%) test, LMI benefit test, or overall benefit requirement. It is found at Section 101(c) of the Housing and Community Development Act of 1974 (HCDA) and 24 CFR 570.200(a)(3). The recommendations to the Director will indicate for each project as well as for the overall selection the percentage of funds to be used to benefit LMI persons. A project may meet the 70% threshold by indicating the service area identified by the Town in the Action Plan. If a project is serving a population outside the identified LMI service area,it can meet the 70%objective in one (1)of two(2)ways: Page 13 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs 1. Document how the nature and location of the activitywill result in at least 51%of the beneficiaries being LMI 2. Collect a simple verifiable income certification from at least 51%of the beneficiaries attesting they are LMI(this was eased due to COVID and Calyptus will track documentation requirements) HUD has eased the documentation requirements for measuring LMI participation.Ca lyptus will continue to monitor the documentation requirements related to verifying whether beneficiaries are LMI and ensure that subrecipients are able to accommodate changes if and as these occur. Prevent Duplicative Funds with the CDBG-CV Funding The Town must follow its procedures to prevent the duplication of benefits when selecting applicants for financial assistance.Calyptus will review these procedures priortothe application deadline to ensure that any revisions are made in advance.These procedures must verify that funds are not used to payfor eligible costs that have already been paid for or will be paid for by another Federal program,insurance,or other sources. All subrecipient contracts must stipulate that they will repay the Town if they subsequently receive a duplicative benefit.The procedure to prevent duplication of benefits will include the following steps: A. Identify Applicant's Total Need a. Applicants indicate total need in the CDBG-CV Applicant Duplication of Benefits Statement,Certification,and Subrogation Agreement form. b. The grantee must verify that the applicant's request is associated with an action to prevent, prepare for,or respond to coronavirus. The grantee must maintain applicable supporting documentation. c. All costs included in total need must be reasonable and necessary. The applicant must provide applicable supporting documentation. d. The assessment oftotal need must consider in-kind donations of materials or services that are known to the grantee at the time it calculates total need and makes the award. In-kind donations are non-cash contributions, such as donations of professional services, use of construction equipment,or contributions of building materials. In kind donations are not "financial assistance"that creates a DOB under the Stafford Act, but they do reduce the amount ofCDBG—CV assistanceforunmet need becausethe donated goods or services reduce activity costs. e. Grantees may not use CDBG-CV funds to reimburse costs paid by subsidized loans and the calculation of total need may not include such costs. B. Identify Total Assistance Received or Anticipated a. Applicants indicate total assistance received or anticipated in the CDBG-CV Applicant Duplication of Benefits Statement,Certification,and Subrogation Agreement form. b. Applicants must provide applicable supporting documentation for any sources of funding cited in the total assistance received or anticipated calculation. c. The grantee must review and evaluate applicant-provided data regarding total assistance received or anticipated.The grantee must request clarification and/or additional supporting documentation to address any inconsistencies or omissions. d. Types of Resources Included in Total Assistance Page 14 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs i. Total assistance includes resources such as cash awards,insurance proceeds, grants,and loans received or anticipated by each CDBG—CV applicant,including awards under local,state or federal programs,and from private or nonprofit charity organizations. "Anticipated"assistance means assistance likelyto be received by acting reasonably to evaluate need and the resources available to meet that need. ii. Subsidized Loans a. Subsidized loans (including forgivable loans) are loans other than private loans.Subsidized loans may also be available from other sources. Subsidized loans are assistance that must be included in the DOB analysis,unless an exception regarding declined or cancelled subsidized loans applies. b. Declined or cancelled subsidized loans are not a duplication and are not included in the DOB analysis. iii. Total assistance does not include personal assets such as money in a checking or savings account(excluding insurance proceeds or disaster assistance deposited into the applicant's account);retirement accounts;credit cards and lines of credit;in-kind donations (although these non-cash contributions known to the grantee reduce total need); and private loans. C. Exclude Non-Duplicative Assistance a. Applicants indicate non-duplicative assistance in the CDBG-CV Applicant Duplication of Benefits Statement,Certification,and Subrogation Agreement form. b. The grantee must review and evaluate applicant-provided data regarding non- duplicative assistance. The grantee must request clarification and/or additional supporting documentation to address any inconsistencies or omissions. c. Exclude assistance that is: i. Provided for a different purpose. ii. Provided for the same purpose (eligible activity), but for a different,allowable use (cost). D. Identify DOB Amount and Calculate the Total CDBG—CV Award a. After evaluating and verifying applicant-provided data,the grantee must use the Duplication of Benefits Calculation Worksheet to identify the DOB amount and calculate the total CDBG—CV award. b. Steps i. Identify total need ii. Identify total assistance iii. Subtract exclusions from total assistance to determine the amount of the DOB iv. Subtract the amount of the DOB from the amount of the total need to determine the maximum amount of the CDBG—CV award. c. Considerations i. Apply program CAP,if applicable. Page 15 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs Eligibility and Meeting City Goals and Priorities The presentation to the Director of Planning & Development and/or other staff will detail how each project meets the published eligibility criteria and aligns with the City goals and priorities. The overall evaluation will be guided based on the goals and priorities established in the draft 2020-2025 Consolidated Plan.The City has set six(6) goals: • Expand Fair Housing Choice and Access • Expand Affordable Housing Opportunities • Maintain Decent and Energy Efficient Housing Stock • Maintain Safe and Green Neighborhoods • Provide Vital Public Services • Planning and Administration • High priority needs include o Affordable housing o Homeless prevention and public services o Housing and commercial rehabilitation • Medium priority needs include o Fair housing education o High cost of building homes o Provide safe crosswalks,sidewalks,and routes to school o Create more green spaces • Low priority needs include o Supportive and transitional housing We will evaluate eligibility using these publicly-available criteria: • Meet 1 of 3 national objectives: o Benefit LMI residents(70%of funding goes here) o Aide in prevention or eliminate slums and blighting o Meet urgent community development need • Non-profit 501(c)3 and faith-based orgs if providing secular services • Eligible costs may be reimbursed retroactively to March 16, 2020 • All CDBG-CV activities MUST prevent,prepare for, and/or respond to COVID-19 • Organizations/contractors must have DUNS and be in SAM • Demonstrate capacity to comply, including collecting and submitting beneficiary race,ethnicity, and income data • Proposals complete and timely Lastly,the recommendation will indicate applicant ability to conduct and meet the requirements of the environmental review.Ca lyptus will review resources available to the subrecipients so they are able to conduct these reviews efficiently. Page 16 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs 1.b. Prepare and process CDBG and HOME Program Plans The City published the 2020-2025 5-Year Consolidated Plan to the website,it is noted as being adopted in April 2020. The deadline for submitting Consolidated Plans and 2019/2020 Action Plans has been extended to August 16, 2021. We will track final approval of the 2020-2025 consolidated plan based on this deadline and any remaining internal City approvals. We will follow these best practices for obtaining Consolidated Plan and 2019 and 2020 Action Plan approval in IDIS: • Review the draft Consolidated Plan with the Town to ensure that the goal, priority needs,and all funding sources are clear to ensure that data flows smoothly from the Consolidated Plan to action plan and identify any changes since the Draft was completed. • Ensure the entirety of the Consolidated Plan is complete in IDIS before beginning the action plan • Ensure that the Consolidated Plan is marked'review complete' before starting any work on the action plan or CAPER to ensure that all changes and updates are made into the subsequent documents • Follow the HUD templates • Given the significant changes due to CV-3,Calyptus recommends drafting the Action Plans on a blank template in IDIS • The process will follow the amended citizen participation plan • Document everything in the program file • Check for any duplicative projects when setting up the action plan in IDIS and ensure the project is linked to the annual action plan • Ensure that any copied projects are tied to the correct year • Generate I DIS reports to double check and cross check CAPER data • Check that all data is reporting on the same units or on the same outcome metrics o For this,we will follow the IDIS guide crosswalk between all goal outcome indicators and the matrix codes and corresponding units of measurement within the activity setup • Report on one goal at a time for the CAPER The Consolidated Plan is carried out through Annual Action Plans, which provide a concise summary of the actions, activities, and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the 5-Year Consolidated Plan. Grantees report on accomplishments and progress toward Consolidated Plan goals in the Consolidated Annual Performance and Evaluation Report(CAPER). The 2020 Action Plan draft will reflect the new annual action plan content as described at 24 CFR 91.220. The following minimum specific information is to be made available on an annual basis: • The amount of assistance the Town of Barnsta ble expects to rece ive • The range of activities that may be undertaken with such funds • The amount of funds proposed to be used for activities and the estimated benefit to low and moderate income persons Page 17 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professiona I Services for Administration of Home/CDBG Programs • The amount of assistance may be estimated if HUD has not announced the formula allocation at the time of publication o Should the allocation exceed the a mount estimated,the activity budgets for progra m administration shall be increased to 20%of actual allocation amount o Public service activities may be increased up to 15%of the actual amount received o If the actual falls short of the estimate, program administration and public service budgets will be reduced so as to exceed 20%and 15% respectively o Plan will identify the Town's plans to minimize displacement and what type of assistance to those persons displaced 1.c. Conduct monitoring At the project kick-off meeting,to be scheduled within 2 weeks of award,Calyptus will discuss each ofthe projects with the City.We will discuss the project applications,specifically their commitment to response and recovery from the impact of COVI D-19,the project impact on LMI populations, and current status of project approvals.By establishing the current status of each,we can begin to develop project monitoring tools if these are not already available.We are prepared to use the City's grant management software or to develop a tool to monitor relevant indicators as needed. At the outset of the project, Calyptus will submit a document request to obtain ongoing project status information. We will also request access to the City's current monitoring and tracking tools, including reporting templates.This information request will include documents demonstrating the following for all ongoing FY20 projects: • Most recent project quarterly reports(January2021) • Project status and delays • Efforts to recover from delays • Analyses of significant project cost variances • Discussion of costs incurred and required to complete the projects • Project management plans and quality control procedures to determine the procedures for maintaining project work schedules and monitoring project budgets; as well as the processes implemented to mitigate the effect of unforeseen delays • Efforts to maintain project work schedules and to manage the project budgets. We will review progress reports to determine if delays are due to poor performance by contractors as well as change orders and the reason(s)for the change orders to ascertain if they were due to project delays within the subrecipient's control.We will also examine how delays were managed and the efforts made to improve performance. • Review reasons for project delays and technical inspections and supervision of projects, inadequate resources, or other actions that contribute to continuing problems with project delays.This review will determine if any of the delays were beyond the recipient's controls,such as land acquisition,zoning changes,environmental studies,weather,or other factors. Lastly,the review will examine the steps, ifany,that were taken to bring the project back on schedule. We will then develop a full project status system totrackeach project.The tracking system will reflect the reporting requirements of 42 U.S.C. 12708(a), 24 CFR 91.520, and 24 CFR 570.507.At a minimum, this Page 18 Ariel City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CD BG Programs will include information regarding the amount of funds received,amount of funds obligated or expended for each project or activity, and a detailed list of all projects or activities. The system will also track the indicators relevant to the Consolidated Annual Performance Evaluation Report(CAPER). Calyptus has resources and tools to train and provide technical assistance to subrecipients on relevant federal regulations,including Section 3, Davis-Bacon,and Minority&Women Enterprise.We will use our fully developed subrecipient monitoring program, templates, system, and risk assessment to monitor subrecipients.We are subject matter experts in this area and have attached some materials we developed for a Federal grant recipient in Attachment A. We assume that any monitoring will be remote,including quarterly reports,periodic desk reviews,virtual reviews for high risk subrecipients, and periodic internal reporting on project status and risk. If needed, Calyptus will propose corrective actions to the Town to improve or address subrecipient timeliness and compliance. Calyptus will use a variety of tools to assist with monitoring subrecipient activity timeliness,appropriate citation of costs and charges as specified bythe contractual scope of work,cost reimbursement schedules, and compliance with applicable regulations as defined in the Town Guidebook and subrecipient agreements. We will review the Town's published Guidebook to ensure that publicized information regarding compliance is up-to-date and thorough. We will also review any subrecipient agreement templates to ensure that all clauses and expectations are specified in the documents.We will use various checklists to govern our work following contract approval.An example checklist is available in Attachment B. The careful review of the subrecipients invoices are essential to ensure compliance. We use this checklist for this activity: FTA Su brecipient Invoice ReviewChecklist Contract/Recipient Number Invoice Number Project Title Invoice Date(s) Subrecipient Invoice Value Purchase Order# Actual Local Match Contract Value Payments to Date Project Manager Division Type of Contract Payment Terms Applicable Wage Rates ❑ Fixed Price Milestone ❑Yes ❑ No ❑ Davis Bacon LI Fixed Unit Price Progress ❑Yes LI No ❑T&M LI Construction Management Services Emergency ❑Yes ❑ No Page ! 9 City of Rosemead CALYPTTJS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs 1. Supporting Documentation Comments a. Project Description ❑Yes ❑ No (Invoice#1) ❑ N/A b.Project Location ❑Yes ❑ No (Invoice#1) ❑ N/A c. Project Site Photos ❑Yes ❑ No (where applicable) ❑ N/A d.Vendor/Contract Invoices ❑Yes ❑ No ❑ N/A e. Purchase Orders ❑Yes ❑ No ❑ N/A f.Cancelled Checks or proof of ❑Yes ❑ No payment with payment date ❑ N/A h.Operating costs ❑Yes ❑ No (from Ledger in Financial ❑ N/A system) i. Cost estimate update ❑Yes ❑ No (Invoice#1) ❑ N/A 2. Invoice-Format as per ❑Yes ❑ No Contract 3. Review of Rates a. Complies with Contract ❑Yes ❑ No Pricing Including Local Match Level b.Reflects Current Wage Rates ❑Yes ❑ No Page 110 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs 4. Performance within Terms ❑Yes ❑ No of Contract 5. Complies with Established U Yes ❑ No Contract Cost/Price 6. If Su brecipient had invoiced indirect costs,have they... a)Had prior approval? ❑Yes ❑ No ❑ N/A b)An approved Cost Allocation ❑Yes ❑ No Plan (CAP)?And do the invoiced indirect costs follow ❑ N/A the agreed CAP? 7. Costs Questioned: Type Value Allowable Cost? Comments ❑Yes ❑ No 8. Retainage $ % 9. Costs approved Approval Signature Date Project Manager 1.d. Prepare and process programmatic and fiscal reports Quarterly reports will be generated from project management meetings,status reports,and procurement records.Milestone reports should be completed at the project level.Per 2 CFR 200,we will work with sub- gra ntees to provide the following: e The current status,at a minimum, of each milestone that has passed during the prior reporting period, within an active Award. Page 111 AVCity of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CD BG Programs • The actual completion dates for any milestones completed during the reporting period, and any revised dates when any original (or last revised)completion dates were not met. • A narrative of the activity status,any problems encountered in implementation,specification preparation,bid solicitation,resolution of protests,and third-party contract Awards. • A detailed discussion of all Award Budget or schedule changes. • An explanation of why scheduled milestones or completion dates were not met. • Identification of problem areas and a narrative on how the problems will be solved • A discussion of the expected impacts and the efforts to recover from the delays. • An analysis of each significant project cost variance:Completion and acceptance of equipment and construction or other work should be discussed,together with a breakout of the costs incurred and those costs required to complete the project.We will use quantitative measures, such as hours worked, sections completed,or units delivered. Sub-grantees will also be responsible for year-end reports and closeout reports are due upon completion of the project. These progress reports should track actual project accomplishments, obligations, and spending patterns against planned operations and accomplishments. As applicable to the programs, subrecipients should also ensure they can provide documentation demonstrating income eligibility of persons benefiting from the program and the area benefitted by the activities.These indicators should directly tie to the CAPER needs. Financial indicators should include the amount expended in the program year,total cost of each economic development activity,amount of unliquidated obligations,and sources and amount of program income. Regular reporting from all projects is essential to ensuring program funds are expended in a timely manner. Calyptus will use the reporting data to ensure that the City is within the timely performance requirement.On an annual basis,Calyptus will also support the City in performing a cash flow analysis of revolving loan funds. To support drawdown approvals to be performed by the City,we will follow the practices noted in Chapter 11 of the CDBG Administrative requirements: • Review administrative and planning activity eligibility, including staff costs • Calculate the planning and administrative ca p(20%of the sum of grant plus program income that is received during the program year) • Review pre-award costs to ensure that: o The activity is included in the consolidated plan action plan, o Citizens are advised ofthe extent to which these pre-award costs will affect future grants, o The costs and activities are in compliance with CDBG regulations and environmental review requirements, o Activities comply with statutory and regulatory provisions in effect at the time the costs were paid, o CDBG payment is made during a time no longer than the next two (2) program years following the effective date of the grant agreement/amendment, o and the total amount of pre-award costs to be paid during any program year is no more than 25%of the grant amount for that years or$300,000,whichever is greater. Page 112 ,447 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs • Track any float-funded activities • Track revolving funds and any program income • Ensure timely expenditure of funds by subrecipients o Specifically, track that the Town has within 1.5 times its grant in its line of credit • Track cost allowability and allocation and indirect costs(if the Town has established a CAP) We will set up a tracking system to ensure all compliance requirements.We will ensure that the City has a drawdown plan for all grants,and that all costs are eligible,current,accurate,and allocable.Compliance with 2 CFR 200 will be ensured.We will ensure adequate procedures for drawdowns and internal controls. 2.a.Assist in data gathering and analysis Calyptus will rely on subgrantee coordination and regular reporting for gathering and analyzing the data. This data will inform the CAPER. 2.b. Conduct public hearings Calyptus will organize,advertise,and host all public hearings as detailed in the Citizen Participation Plan. We will use the method most likely to generate participation and allowable per stay-at-home orders. One of the primary changes to the CDBG requirements includes developing expedited citizen participation procedures and to hold virtual public hearings when necessary for public health reasons. Calyptus will review the citizen participation procedures and recommend any changes as needed. At a minimum the plan should include: • Detail the public hearing requirements • Identify the Citizen Participation Coordinator and the duties and responsibilities • Specify the date the plan is amended and adopted • Policy for providing technical assistance to the community so that they a re knowledgeable of the CDBG program and can contribute to solving some of the community's needs • Policy for making programmatic information available to citizens—virtually if needed • Policy for public comment on the Citizen Participation Plan and amendments • Policy for public comment on performance reports for project activities • Policy for encouraging citizen participation in advisory roles in planning, implementing, and assessing projects • Procedures for comments,objections,and complaints • Program income re-use plan The review will ensure that the appropriate number of public hearings are stipulated in the plan and that the process is in compliance. Hearings must be held for new or substantial changes(amendments)to the CDBG project,participation plan, and annual action plans.Citizens must have reasonable notice of public hearings, they must be held at separate phases of the project, and these must be sufficiently accessible to all populations. The notice will be published at least twice and on different days; the first will be published no less than two(2)weeks prior to the date of the public hearing.We will work with the City to identify all anticipated accommodations that may be needed for disabled or non-English speaking residents.Virtual hearings may present unique challenges that must also be considered and addressed. Page 113 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs 2.c. Evaluating the design and implementation of grant-supported programs/activities We will review the information provided in the City's proposal in terms ofthe three aspects of the funding. We will also evaluate initial project plans developed by the City and formulate key performance measures for implementation. Measures will be developed for each aspect of the projects as follows: • $754,104 in CDBG FY2020-2021:Project plans and reports submitted on time:project completion timeliness and budget variance;compliance with HUD rules and guidelines • $356,613 in HOME funds. This funding integrates both HOME and CDBG initiatives for affordable housing. Tracking tools will be developed and monitoring to support rental housing, home ownership,rehabilitation, and comprehensive neighborhood revitalization projects. • $443,682 in CDBG-CV funds to prevent, prepare for, and respond to COVID-19. Upgrading of facilities, child care, mortgage assistance and other funding measures will be considered, and these projects will be monitored for timeliness,quality,cost,and regulation compliance. Evaluation of design also occurs as part of the consolidated planning process, and consulting with stakeholders.We will manage these processes for the City. We will hold meetings with partners to solicit feedback and problem solve, run community workshops during the yea rto help you stay on top of issues, check in with community organizations and elected officials, and invite beneficiaries to participate in activity and program design. Through regular subgrantee reporting, we will track all CAPER indicators.This data will be synthesized a nnua Ily for the final CAPER report. If,through this ongoing reporting,there is indication that the financial elements and public benefit to be derived from the projects have substantiallychanged, we will suggest appropriate adjustments in the amount, type, terms, or conditions of CDBG assistance that is being offered.This recommendation will reflect the impact of the substantial project chance. 2.d. Prepare pertinent policy recommendations During the review of applications, Calyptus will evaluate the City's resources including forms, the subrecipient agreement template, DOB procedures, and environmental review support documents. Working with the Director,we may also develop new policies and procedures for program development. This would be supported by a review of existing templates and checklists and revising or developing new ones as needed. We would provide technical assistance and training as needed for City staff, subrecipients, and potential subrecipients. We would focus on published program guidelines, training material,and best practice documents such as: • CDBG Economic Development Toolkit • CDBG for Entitlements Training • IDIS for CDBG Entitlement Communities • Guide to National Objectives and Eligible Activities for CDBG Entitlement Communities • HOME and CDBG:Working Together to Create Affordable Housing • CDBG Crosscutting Issues Toolkit • Managing CDBG:Guidebook for CDBG Grantees on Subrecipient Oversight • Playing by the Roles:A Handbook for CDBG Subrecipients on Administrative Systems • Training CDBG Subrecipients on Administrative Systems • Ensuring CDBG Subrecipient Timeliness Page 14 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs 2.e. Implementing programmatic activities as needed We follow the guidelines noted in Chapter 2 of the HUD CDBG operational manual: https://files.hudexchange.info/resources/documents/Basically-CDBG-Cha pter-2-Activity.pdf We will validate the Annual Plan through public participation, then consider various methods to administer the program,followed by partner/contractor/subrecipient selection. We will monitor each element of the project plans for the three types of funding activities. Roles and responsibilities for the project tasks will be assigned using RACI charts, and will include subrecipients, CBDOs, CDFIs, and contractors. On a quarterly basis,Calyptus will review all written materials and program files.We have attached two (2) documents as examples of formal subgrantee monitoring in Attachment D.We will use best practices as noted by HUD in Chapter 5 of the CDBG Subrecipient Oversight guidebook. The checklist will included the following ata minimum: a. Subrecipient name b. Project name and agreement number c. Project director d. Date of monitoring review(on-site or virtual) e. The National Objective that the project meets f. Eligibility category of the project g. Ensure contract scope of services,list any deviation h. Acknowledge major accomplishments i. Describe project timeliness and any deviations or expected delays j. Compare actual and planned expenditures;list actual or possible deviations k. Record of requests for payment (timely,consistent with work performed, proper accounting) I. Progress report timeliness and thoroughness m. Conformity with any special terms and conditions n. Record keeping —orderly files;all required and supporting files availa ble; retention o. Compliant financial internal controls p. Review financial management system and note discrepancies q. Note accounting discrepancies r. Review process and documentation related to eligible,allocable,and reasonable costs s. Review cash management/drawdown procedures t. Review management of program income u. Note Single Audie timeliness and any corrective actions taken v. Trackwhether actual expenditures match line item budgets w. Review insurance compliance x. Conformity with procurement procedure requirements y. Review the conflict of interest policy and process z. Review records and implementation of all equipment and real property acquisitions aa. Obtain physical inventories and disposal documentation bb. EEO review cc. Section 3 review Page 115 AVCity of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs dd. Fair Housing compliance ee. Compliance related to any requirements for disabled persons ff. Women and Minority Business Enterprises review Page j 16 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs Project schedule The final project schedule will be refined upon project kickoff and will track with the Annual Plan, CDBG application,and HUD spending guidelines.The schedule below reflects all project tasks and aligns to Federal reporting deadlines. Project Task June 2021-August 2022 Mar Apr May � Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr Project kick off 1.a.Prepare and process loan and grant applications 1.b. Prepare and process CDBG and HOME Program plans 1.c.Conduct monitoring 1.d. Prepare and process programmatic and fiscal reports 2.a.Assist in data gathering and analysis 2.b.Conduct public hearings111 2.c. Evaluating the design and implementation of grant-supported programs 2.d. Prepare pertinent policy recommendations 2.e. Implement programmatic activities as needed Page 117 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs Conduct public outreach Mr.Alfonso MA Project • Developing project tools 2 days/week Hernandez Analyst • Conducting research 10 years grants • Communicating and management coordinating with sub- recipients • Reporting • Program compliance tracking • Providing technical assistance • Conduct public outreach Page 120 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs b. Resumes DR.GEORGE L.HARRIS—Program/Project Manager Education Dr. Harris holds a DBA—NOVA Southeastern University;a B.S.(Business Management)from Georgetown University; and an M.B.A. (Government Procurement and Materials Management) from George Washington University. General Experience Dr. Harris specializes in the areas of grants management,procurement,materials management,oversight, and CDBG grants management. He has established ways for organizations to evaluate their grants management effectiveness. He is an expert grants administration services,and is a SME in Procurement, DBE,ADA,Title VI,and Technical Capacity. Dr.Harris'education and experience far exceed that required for the technical program manager role. He earned a DBA from NOVA Southeastern University and has twenty-five (25) years of professional experience in the public transit industry. He was the program manager for the Calyptus Consulting Group throughout their five-year contract extended to 2023 during which time the company demonstrated significant success and an ability to manage complex reviews on- time and within budget. Representative Consulting Experience • Served as Project Manager and SME for 5 five-year contracts for FTA since 1996. • Conducted over 250 Grants Management Reviews for the FTA. • Completed full procurement systems reviews for over 120 US rapid transit agencies. • Participated in revisions of the questions used in the guidance workbooks for the grants management processes. • Developed the Grants Management workshop training deck for FY2018 and has conducted 20 TR workshops and 50 PSR workshops for FTA. • Planned for and conducted 40 PSR Workshops, including establishing hotels and on-site logistics. • Completed a comprehensive set of procedures and guidelines for the Georgia Department of Transportation encompassing all areas of the TR;completed training of all sub recipient. • Developed a subrecipient monitoring program for OCTA and helped implement the program by reviewing the first 10 subrecipients as well as future cycles. • Reviewed DBE plans and suggested corrective actions for over 200 recipients. • Led DBE and Title VI compliance reviews for the ETA. • Conducted organizational studies for Johnson&Johnson,State of Oregon Department of Human Studies, City of Portland (OR), City of Sacramento(CA), Texas A&M University, LoneStar College, Pepsi,and others • Conducted training of over 15,000 unique participants in the areas of procurement, quality, project management,general management,and grants management. • Created a web-based self-assessment of lean management and ISO-9000 quality capabilities/ performance. • Developed strategic plan and metrics for the FTA oversight office. • Developed eLearning modules to support grant recipient compliance and findings closeouts. • Created ten key performance measurements for clients and instituted policy deployment, developed and trained over 300 managers in implementing organizational objectives. Page 121 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs • Created tools to assess and establish tota I cost savings,functiona I headcount, key processes,risks, inventory stocking,and supply chain effectiveness. • Directed/collaborated in development and preparation of over 130 training programs. Self-employed and Manager of Calyptus since 1992. Clients are the best references for supervision and quality of work. Professional Memberships Dr. Harris is a Certified Purchasing Manager(C.P.M.), Certified Professional Contracts Manager(CPCM), and has been named a Fellow by the National Contract Management Association. Dr. Harris has also been appointed to the panel of Arbitrators of the American Arbitration Association. Dr. Harris is a certified Massachusetts QualityAward examiner.Dr.Harris has written a book on negotiations titled"Negotiations: Six Steps to Success,"published by Prentice-Hall in June 1995. He also authored two self-study courses for the American Management Association entitled "Fundamentals of Purchasing" published in December 1999 and "Strategic Supply Management"published in October 2001. Page 122 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs JAMESON BEEKMAN—Consultant Education Mr.Beekman holds an MBA from Bryant University in Smithfield, RI with a concentration in Operations Management and a BA in Psychology from American University in Washington, DC. General Experience Mr. Beekman specializes in grants management,compliance,data analysis,process mapping,and training. He has developed comprehensive analysis and strategies across several different industries including retail, human services,insurance,and government. He has performed consulting and training services for both private sector and government clients. He has extensive experience in inventory control and operations. Representative Consultingand Training Experience Since 2006, Mr. Beekman has been involved in a wide variety of consulting and training projects,as represented below: Federal Transit Administration • Lead Reviewer and workshop trainer for the FTA Comprehensive Oversight Review and Technical Assistance Program(CORTAP) • Conducted over 100 Grants Management I Reviews,70 Procurement System Reviews,and 15 training workshops for FTA. Delivered Civil Rights compliance reviews and provided technical assistance to recipients. • Quality Assurance reviewer,conducted independent review of the FY19 CORTAP cycle,including assessing root causes of inconsistencies,inaccuracies,and lack of thoroughness. O Provide corrective action support and technical assistance to FTA recipients in Region 1 to close findings from FY16 (emphasis on Civil Rights) • Provided comment on the FY21 Contractor Manual updates • Conducted research and analysis for the Oversight Assessment Tool improvement effort, including finalizing a recommendations paper for FTA consideration. • Provided input for the Oversight Policy Guidance Handbook • Supported FTA efforts to develop an oversight risk model. • Provided input and recommendations for conducting reviews in a virtual setting. • Developed a virtual workshop framework and piloted the recommendations on Webex Training for roll out in FY21. Other Transit Agency and Consulting Experience • Managed the strategic process analysis for a large state agency. • Served as the on-site point of contact for a consulting and training engagement in excess of $200,000. • Evaluated policies and procedures against governing regulations to highlight gaps and developed new policies and procedure documents as needed. e Developed detailed value stream maps of client processes. Page 123 City of Rosemead CALM PT CJS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs • Conducted a benchmarking study of non-emergent transportation services including question design,outreach to participants,and developing recommendation from the results. • Conducted organizational assessments of key business functions for multiple state,local,and quasi-government agencies. • Developed a sub-recipient monitoring program and conducted subrecipient site visits. • Conducted comparable studies for the State of Oregon,City of Rockville, City of Sacramento. Office of Personnel management, Fulton County, Minneapolis Housing Authority and Philadelphia Housing Authority • Development and presentation of training in key operational areas Professional Memberships Mr.Beekman is a Certified Purchasing Manager(C.P.M.) Page 124 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs ELLEN HARVEY—CALYPTUS ANALYST Education: Ms. Harvey holds a Master of Arts in Law and Diplomacy(MALD)from The Fletcher School at Tufts University and a B.A.from Rice University in Houston,TX. General Experience: Ms. Harvey has five (5)years of experience working in government grants management. Ms.Harvey joined Calyptus in 2016 to manage FTA programs,business development initiatives,and consulting work. Ms. Harvey worked with the United Nations in Jerusalem and the humanitarian sector in Pakistan and South Sudan for 3 years on grants programs for EU,US,and UN funding. Representative Consulting and Training Experience: Since 2017, Ms. Harvey has been involved in a wide variety of consulting and training projects,as represented below: Federal Transit Administration G Technical Project Manager and Lead Reviewer and workshop trainer for the FTA Comprehensive Oversight Review and Technical Assistance Program(CORTAP) • Quality Assurance reviewer,conducted independent review of the FY19 CORTAP cycle,including assessing root causes of inconsistencies,inaccuracies,and lack of thoroughness. • Provide corrective action support and technical assistance to FTA recipients in Region 1 and Puerto Rico to close findings from FY16. • Provided comment on the FY21 Contractor Manual updates • Conducted research and analysis for the Oversight Assessment Tool improvement effort, including finalizing a recommendations paper for FTA consideration. • Provided input for the Grants Management Oversight Policy Guidance Handbook • Supported FTA efforts to develop an oversight risk model. e Provided input and recommendations for conducting reviews in a virtual setting. • Developed a virtual workshop framework and piloted the recommendations on Webex Training for roll out in FY21. • Participated in preparation of RIR materials and on-site reviews. Developed 71 TR and 1 SMR first draft reports. • Became an SME in Safety,TAM,and Drug and Alcohol requirements • Manage FTA programs,acting as liaison between FTA HCZ FTA Regional Offices,and recipients; tracking progress, reporting,and billing; and conducting quality control to ensure consistency and prevent program delays for 100+ FTA recipients. • Increased efficiency and improved consistency by developing automated assessment tools and training materials for Department of Transportation(DOT)programs and streamlining Triennial Review process for federal award recipients. • Drafted,compiled,and helped finalize the TR 2018 workshop training deck. • Conduct research for FTA special assignments,including recipient support in determining DBE presence for setting DBE-goals. • Conducted a drug and alcohol audit of JAUNT and reviewed corrective actions. Page 125 AgifAiVi City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs TECHNICAL SKILLS — Advanced proficiency with: Microsoft(MS)Office Suite-Word, Excel, PowerPoint, Visio,Outlook, andQuickBooks — Advanced proficiency with Federal DOT reporting software,including TrAMS,Otrak,and Delphi — Familiar with:IBM SPSS Statistics I ProPricer I SAP I Wide Area Workflow (WAWF) FOREIGN LANGUAGE FLUENCY — Conversant in French, Arabic,and Russian — Proficient written and reading comprehension in French and Russian. Page 126 cdijOf City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CD BG Programs Alfonso Hernandez—Calyptus Analyst Education B.A., Public Admin/CJ,San Diego State University,2005 General Experience: Experienced professional motivated by challenge and reward through securing,managing,collaborating, and identifying funding opportunities that enhance the services and benefits of the organization and result in a positive impact on the community as well as establish and maintain a fiscally sound approach to the organization's finances,objectives,and standards. Relevant Experience: GRANTS ADMINISTRATOR/FUNDINGANALYST ORANGE COUNTYTRANSPORTATION AUTHORITY(OCTA)-Orange,CA July 2016 to Present Manages and develops, implements OCTA's grants and grant programs and supervises the monitoring and oversight of the agency's subrecipients. Duties include: • Oversees the development, implementation, and management of OCTA's competitive grants and FTA grant programs consistent with the goals of the Board of Directors and Chief Executive Officer. • Provides leadership and direction in the development of FTA grants and competitive grant proposals,including grant contract agreements,contract amendments,administration of grant regulations and requirements,and associated presentations and staff reports related to OCTA's FTA and competitive grant programs. • Directs OCTA's federal subrecipient monitoring and oversight program and assists OCTA's divisions in monitoring subrecipients to ensure compliance with FTA grant rules and regulations,including the development of guides,risk assessments,compliance reviews,training,and reporting,and act as liaison between FTA,subrecipients,OCTA Divisions and executive management for compliance issues. • Develops and maintains a strategic approach to grant funding opportunities and challenges,and maintains favorable relationships with external funding agencies to maximize revenues and promote continued support of OCTA's funding needs and activities. • Supervises the development of persuasive comments on proposed federal legislation, rules,and requirements,and remains current on changing federal,state,and local grant rules and regulations. • Provides guidance on proposed and adopted federal regulatory changes and grant funding prospects,and supervises the development of persuasive comments to influence legislative or policy changes that are favorable to agencygoals and objectives. CONTRACT-Director of Proposals and Grants BYD COACH&BUS-Los Angeles, CA February 2018 to December2018 Page 127 /4101 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs Responsible for leading and overseeing the proposal and grants department at BYD.The Proposal and Grant Department is responsible for preparing and responding to technical public request for proposals (RFP), as well as contract management of awarded proposals. The Director determines proposal concept by identifying and clarifying opportunities and needs; studying RFPs and strategizing responses along with esta blishing internal procedures to meet proposal deadlines and streamlining the proposal response process.Serves as a liaison with community members, elected officials, funding source program and contract officers,resource developers nationally, and community organizations. Provides leadership in the research and identification of external company priorities,and search requests. CONTRACT-Grant Manual Lead Birdi&Associates- Pasadena, CA April 2016 to April 2018 Lead,develop and provide subject matter information for a Grant Manual and Sub recipient Transit Guidebook. DIRECTOR,GRANTS SAN BERNARDINOCOMMUNITYCOLLEGEDISTRICT-San Bernardino, CA October 2016 to March 2018 Responsible for writing major grant applications,pre-award coordination of all grant applications for the college (or District), post-award budget development and support for faculty/staff in charge of gra nt- funded projects,search,and notification of opportunities for external sources of funding including grants and foundations, grant-writing training,grant template development, and general oversight of grant development. Serves as a liaison with community members,elected officials,funding source program and contract officers,resource developers nationally, and community organizations. Provides leadership in the research and identification of external college priorities,and search requests. GRANTS ADMINISTRATOR SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS-Los Angeles,CA August 2011 to August 2016 Manages and administers the discretionary grants. Responsibilities include researching grant fund sources and taking the lead for the proposal development process and preparing,monitoring,and managing grant award agreements for SCAG and subrecipients.Grants administered range from Federal, State,and local levels and fund various categories of projects,such as planning, programmatic, research, capital,operating,and engineering. Responsible for program managing seven federal formula programs that allocates and obligates over $170M on annual basis for various transit capital,operating and programmatic projects.Furthermore, serves as Project Manager for grants awarded directlyto SCAG on behalf of subrecipients,as well as monitors both recipients and subrecipients to ensure compliance with federal conditions,such as the Uniform Guidance 2 CFR 200. Page 128 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs c. Experience of the firm Calyptus Consulting Group, Inc. is an independent company focused on improving public sector federal grant/award management performances. We specialize in providing facilitation, consulting, program administration, and training solutions to clients in federal, state and local government, to ensure compliance with Federal and state regulations, improve quality, optimize processes and improve organizational performance. We review existing practice, identify opportunities, train client staff, and assist in implementation of continuous improvement initiatives. We have provided similar consulting services to municipalities and California public agencies since 1996, or for 24 years.None of the work will be subcontracted. Municipal public agencies we have most recently worked with include the following housing authorities and Federal funding recipients: the Wilmington Housing Authority (Delaware), Alameda County (California), Orange County Transportation Authority (California), Marin County Housing Authority (California), and Rochester Housing Authority (New York). We have assisted over 300 public agencies, cities, counties, and states in grants management activities.The complete list of clients with references for five (5) clients is in Section 5. For more information on the company, please go to our website at www.calyptusgroup.com. In conducting grants management � 2.Grant Management Procedure G-- 2a.FFR Instructions reviews across the country, 12.Example Grant Closeout Procedure Pa 16.Grant Reporting and Accounting Procedures Ca lyptus has garnered direct n 31.GET Grant Administration Procedures-Final... n��5010.1e Award Management(rev.7.21.17) knowledge of Federal and State of tif2s,5307 Subredpient Grant Agreement Template... 5001712 AGMT-San Marcos(12)(Repaired) North Carolina requirements as well � tia Contractor Oversight Procedures-facility dv l Contractor Oversight procedures as developed an extensive library of F Subrecipient Compliance Checklist 2 FINAL+5010+Extemal+Webinar+Presentation-... bestp ractices and case studies for {� � FTA MPR and FFR Review 1.19.18 REVISED GJ FTA Subrecipient Monitoring Procedure Federal fund recipients of all sizes p IG_MTCP_1an201S June_2015_Performance_Metrics and modes. Ascreens hot of MPR_FFR Review Chart t Project Management Procedures portion of the gra nt management Scehdule Assessment Guide GAO Report Subrecipient Agreement-San Marcos resources available is providedJ WSDOT in-kind match Title VI Equiry_Analysis M for OA Siting below: 0„- 4d7 Requirements for Federal Transit Subreci... :0; 5 Construction Management Procedures Manual gnrr;;120.Subrecipient+Contractor Oversight Proced... 24.Risk Management Procedure a5010.1e Summary of Revisions 2 5010-1e-Chapter 3 and FFR Appendix CMS Deliverable_Review Process Construction PM Monitoring Plan EX 9uExample Award Tracking and Close Out 2 Example of ATI report FTA Milestone checklist(from fta.gov) FTA MPR and FFR Review 1.19.18 External FTA_Projectand Construction_Mgmt Guidelin._ aHouston Metro Subrecipient Monitoring proce... Lease contract wording(provided by region 3... MAP21 essay_style_summary_v5 MASTER SAM FFATA FPDS GAO report dT l Sample PMP �1 Subrecipient Agreement Requirements i 2- subrecipient-or-contractor-checklist Our grants administration consulting work involves conducting training workshops and providing technical assistance to clarify the expectations of each grant requirement, including grants reporting and measurement.Enhanced civil rights reviews for EEO,ADA,Title VI,and DBE require more in-depth, best- Page 29 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs practice training with staff to brainstorm solutions and create improvement plans. Finally, any technical assistance necessarily requires detailed training or workshops with relevant staff to support process improvement. We are experts in how to meet grantor agency grants management processes. This approach requires an extensive library of documentation and best practices for grants administration. These materials will be invaluable for collecting data and evaluating current practices at the County, and to develop procedures and providing services. In the section below, we include some details regarding relevant subrecipient and grant management expertise. References for these projects and additional relevant projects are provided in Section 5. Federal Transit Administration (FTA) - 1996 to Present FTA Oversight Office Support and Quality Assurance Calyptus is a valuable member of the FTA Oversight Team assisting in the development of criteria for the Triennial and State Management Reviews (SMRs)and the creation of a risk assessments for use by the regions.We have worked with alI the Oversight Teams and key managers at Headquarters and in all the FTA regions, including Region -4 (North Carolina). We developed a complete strategy for the office, including organizational structure, metrics, and performance dashboards. We developed the scoring methodology for the new risk management system and reviewed every aspect of the oversight program in terms of developing the most important elements for evaluation and weighting of each element. Our team members are also involved in conducting and improving upon the FTA Quality Assurance program on an annual basis. Triennial Reviews and Enhanced Review Modules Calyptus was selected as a Triennial Review contractor in 2013 and has performed reviews for over 240 recipients to date. We developed the areas for Triennial Reviews in the guidelines for contractors, recipients,and regional staff.Calyptus has conducted over 100 ERMs in areas such as Financial Capacity, Financial Management, Procurement,Title VI,ADA, DBE, Maintenance,and Technical Capacity,as well as for subrecipient monitoring. We have developed a fully implemented subrecipient monitoring program including risk assessments. Technical Assistance Calyptus provides technical assistance to recipients while on site, ensuring that where deficiencies are found, staff are fully aware of issues and know how to implement corrective actions.We have a library of best practice examples,tools and templates that we share with recipients.Topics of technica I assistance have included: grants management, procurement, subrecipient oversight monitoring procedures, DBE goal methodology, DBE program,shortfall analysis,Title VI program and procurement training. Training Development and Technical Assistance Calyptus has developed training for both recipients and FTA staff on all areas of federal compliance, including DBE. Most recently we developed the 2018 FTA Comprehensive Review training program delivered to recipients across all regions, including six workshops delivered by Calyptus staff. The 2017 Comprehensive Review of WMATA was used as a training opportunity for FTA Headquarters staff. Ca lyptus performed each section of the review alongside FTA staff, providing an opportunity for this team to see first-hand how each step in the review process occurs,including document review, research,and on-site review.This learning experience led to many of the changes that have been implemented as part of the Triennial Review cycle.We have established procedures for virtual TRs and training for FTA. Page 130 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs Orange County Transportation Authority (OCTA) 2013-Present Calyptus has an established relationship with OCTA delivering independent and objective reviews of OCTA subrecipients.Calyptus worked with OCTA staffto develop a subrecipient monitoring program including review of how subrecipient implement the OCTA DBE program, provide required reporting and ensure procurements to contribute to OCTA's DBE goal. These reviews covered compliance with FTA grant requirement areas to evaluate whether subrecipients are administering FTA-funded programs in accordance with applicable federal statutes,regulations,and guidance. Calyptus interviewed OCTA staff, reviewed current approaches,and developed the OCTA FTA Sub recipient Review Guide that included DBE requirement. This program also included a tool for assessing the level of risk associated with each subrecipient to inform the frequency of desk-based and on-site reviews. Calyptus has conducted dozens of subrecipient reviews, including the Southern California Regional Rail Authority (SCRRA), Anaheim Transportation Network(ATN)and City of Anaheim, to determine whether these agencies administer FTA-funded programs in accordance with federal regulations and guidance. Two of these reviews were repeat visits, while another four subrecipients (Jewish Federation, City of Irvine,Boys and Girls Club,Women Helping Women) have been reviewed over the course of the contract. OCTA contracted with Ca lyptus to make repeat visits to some recipients every 18 months to track progress and compliance and have conducted three cycles of compliance reviews for ATN and the City of Irvine. We completed 10 virtual subrecipient reviews for other subrecipients in 2020. In addition,we completed preparation work for OCTA for their 2019 TR.They received no findings. Sound Transit—2017-Present In anticipation of their Triennial Review in 2020, Calyptus conducted a workshop for Sound Transit staff on site that incorporated feedback from an initial file review. Subsequent technical assistance included the following areas: Engineering Contracts, Procurement, Grant Management Procedures, Maintenance Plans, Disadvantaged Business Enterprise, Subrecipient Oversight, Title VI, Financial Management, Lobbying, Satisfactory Continuing Control, and Drug and Alcohol. We will be providing assistance in addressing any required changes in the TR management process including a review of their subrecipient monitoring program. In 2020, Calyptus reviewed Sound Transit procurement policies and working directly with the procurement team to implement improvements.We are currently developing and providing procurement training in various project delivery methods such as design build and CM/GC,which may be helpful in the completion of CDBG grants. d. Experience providing CDBG Program consulting services Calyptus is a leader in Federal grants administration consulting to include program management, reporting,subrecipient assessment,procurement,and civil rights.We have worked in the field since 1996 and have completed over 300 assessments of grants administration/ma nagementfor public sector clients and have provided technical assistance and training. We have also worked with multiple HUD housing authorities and know their processes and projects.We have over 1,000 examples of procurements,grants, and grants management document that we could use on this project.We have worked with Marin County and Wilmington Housing Authority with CDBG projects supporting the local community. We thoroughly understand the requirements of 2 CFR 200 in the areas of allowable costs, procurement, subrecipient monitoring, reporting and drawdown procedures. We are experts in creating and delivering on eligible activities such as: Page 131 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs • Public service activities • Housing-related activities • Public improvements and facilities • Activities to acquire real property • Economic development activities • General administrative and planning activities We are experts in the development of Consolidated Plans,supported by annual action plans.Calyptus has provided assistance to Public Housing agencies in Section 3 and Davis-Bacon requirements. We have worked on the federal and local levels in environmental reviews(NEPA and CEQA).We are knowledgeable of the requirements of FR-6218-N-01 and the CDBG-CV Notice FAQS dated August 27, 2020 as well as particular requirements relate to citizen participation,procurement,subrecipients,reporting required by the CARES Act, modifications to action plans, consolidation plan amendments, time frames for requests for costs incurred, pre-award costs, transfer of funds, funding guidelines, definition of urgent need, LMI benefits, public benefit tests, emergency payment allowability, 15% public service limitation, administrative caps, environmental reviews, expedited expenditure requirement, reporting requirements,and applicability to other HUD grants. 7. References Ca lyptus has provided similar consulting services to public agencies and municipalities across the country for over 20 years.On the following page we have included references,including the client name, point of contact, phone numbers and email addresses, and a brief description of services for five (5) previous clients for whom we conducted similar work. References for additional clients can be made available to the City upon request. Federal Transit Administration (FTA) Triennial Reviews,TED Reviews,Procurement System Reviews Audrey Bredehoft-COR Office of Oversight (202)366-2524 a udrey.bredehoft@DOT.gov Federal Transit Administration 1200 New Jersey Avenue SE Mr.John Day Civil Rights reviews Washington, DC 20590 John.day@ DOT.gov Please note that FTA is a bit inconsistent in providing references and is historically slow in providing written responses Performance Period: 2013-12/31/2023 Award Value:NTE$30 Million Narrative:As an FTA contractor Calyptus has performed over 300 Triennial Reviews including delivery of Enhanced Review Modules in Financial Management and Capacity,Procurement,Disadvantaged Business Enterprise (DBE), Title IV and Americans with Disabilities Act (ADA). We have delivered technical assistance and training on FTA requirements and are currently completing corrective action assistance to recipients in Region 1 and 4 (Puerto Rico). Calyptus also undertakes focused compliance reviews in civil rights topics—Title VI, DBE and ADA. Each review involves a deep-dive into the complia nce of the recipient with Title VI,DBE or ADA regulations. Page 132 ,10 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs Calyptus has conducted over 120 procurement reviews of rapid transit agencies throughout the United States. In the reviews,60 elements of procurement performance were evaluated. Six of these elements were system-wide elements and 54 of the elements were related to compliance with policies and procedures. Each of the elements are evaluated with feedback provided and corrective actions supported with best practice information. We developed procedures for drawdowns, financial management, procurement, civil rights, environmental reviews(NEPA), subrecipient monitoring, and reporting. Orange County Transportation Authority (OCTA) Orange County Tra nsportation Authority Ric Tea no 550 S. Main Street Program Manager P.O.Box 14184 (714)560-5716 Orange,CA 92863-1584 rteano@octa.net Performance Period: 4/5/13—12/31/21 Award Value: Multiple Narrative:Since 2013 Ca lyptus has conducted independent and objective assessments of federal funding subrecipients.As OCTA passes through FTA assistanceto these local agencies,the objective of this review was to evaluate whether subrecipients are administering FTA funded programs in accordance with applicable federal statutes,regulations,and guidance.We also developed a comprehensive subrecipient monitoring program in consultation with OCTA staff, including tools, templates and checklists. This program covered the requirements of the FTA Triennial Review and provided a risk-based approach to determine the frequency of site reviews. Calyptus delivered training workshops for OCTA staff and conducted reviews of OCTA subrecipients,including 10 virtual reviews in 2020,in order to test and refine the monitoring program. All subrecipients were provided with example best practice documents to support improved compliance in areas which were found to be lacking. In 2018-2019 Calyptus conducted a mock Triennial Review to assist OCTA staff in preparation for their upcoming Triennial Review. OCTA received no findings in the 2019 review,including no findings for subrecipient oversight. Sound Transit Monica Overby 401 S J a ckson St (206)903-7334 Seattle,WA 98104 Monica.Overby@soundtransit.org Performance Period: 2018-ongoing Award Value: Multiple task orders Narrative: Conducted pre-Triennial Review workshop and document review, including subrecipient reviews,in anticipation of upcoming 2019 Triennial review. Detailed guidance was provided in DBE,Title VI, planning, and subrecipient oversight. Calyptus is currently developing and conducting staff training related to procurement policies and procedures. Page 133 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs North County Transit District Lori Winfree 810 Mission Ave. (760)966-6532 Oceanside CA 92054 Iwinfree@ nctd.org Performance Period: 2013-2019 Award Value: Multiple Narrative: Developed multiple grant-related training courses and created policies and procedures for grant administration compliance and best practices. Provided feedback on the submittal of grant-related documents for their annual submittals, including reports and drawdowns. Providing support to agency GM and Counsel on calculation of operating expense and the capital cost of contracting. Court Services and Offender Supervision Agency Mesfin Ketema 800 North Capital Street, NW (202)220-5379 Washington, DC 20004 Mesfin.Ketema@csosa.gov Performance Period: 09/2016-09/2021 Award Value: $413,955 Narrative: Calyptus conducted an assessment of the CSOSA management system. We reviewed files, revised procedures, developed a project management guide, established an advanced planning process and are helping the agency implement Oracle. Wilmington Housing Authority La Verne Hanson 400 N.Walnut St. (302)429-6701 ext.1022 Wilmington, DE 19801 LHanson@whadelaware.org Performance Period: 02/2020-Ongoing Award Value: Multiple Narrative:Ca lyptus provided an Assessment Report for the Wilmington Housing Authority that includes a summary of interviews,an overview of grant management responsibilities and functions, analysis of the current process, a comparison of current policies and procedures against benchmarking results, and an overall analysis of the organizational structure and headcount. Calyptus is also supporting active project activities: • Brick repointing • Concrete • HVAC preventive maintenance • Mechanical equipment • Roof repair • Painting • Fencing • A&E engineering Page 134 ATP City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs • Cellular services • Electrical services • Employee benefits • Janitorial services • Roof consulting • Security cameras 8. Pending litigation There is no pending or previous litigation over the past five (5) years related to your firm's work. 9. Total project costs The project costs are based upon the project tasks and timeline detailed in Section 5 of this proposal and Calyptus'knowledge and experience. The price below of$277,000 is a not-to-exceed amount.The price proposal below presents the expected level of effort per task in RFP and the respective hourly billing rates of the key personnel,details for whom are provided in the non-pricing narrative. Dr.Harris,PM Analyst Tasks #Hours Rate #Hours Rate Total$ 1.a. Prepare and process loan and grant applications 120 $150 160 $125 $38,000 1.b. Prepare and process CDBG and HOME program plans 80 $150 160 $125 $32,000 1.c.Conduct monitoring 160 $150 240 $125 $54,000 1.d. Prepare and process programmatic and fiscal reports 40 $150 80 $125 $16,000 2.a.Assist in data gathering and analysis 40 $150 64 $125 $14,000 2.b.Conduct public hearings 60 $150 80 $125 $19,000 2.c. Evaluate the design and implementation of grant-support programs 120 $150 80 $125 $28,000 2.d. Prepare pertinent policy recommendations 80 $150 80 $125 $22,000 2.e. Implement programmatic activities as needed 160 $150 240 $125 $54,000 GRAND TOTA L $277,000 Page 135 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs ATTACHMENT A: Sample Subrecipient Monitoring Program Ca lyptus has worked with severa I Federal funding recipients to develop subrecipient monitoring programs and tools.We have included here a sample of materials developed for the Orange County Transportation Authority, including their procedures guide, needs/risk assessment questionnaire, the review guide checklist,and procurement checklist. Page 36 lirSV City of Rosemead CALYPTTJS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs a. Subrecipient Monitoring Procedures Guide,Table of Contents Contents 1. Introduction and Purpose 1 2.Scope and Applicability 1 3.Subrecipient Definition 1 4.Assessing Monitoring Need and Developing The Monitoring Plan 2 5. Monitoring Process 5 5.1 Subrecipient Identification and Initial Monitoring Needs Assessment 6 5.2 Elaboration of FTA Requirements and Subrecipient Guidelines 7 5.3 Subrecipient Funding Agreement Execution 7 i) Pre-Award Review 7 ii) Entity Information 8 5.4 Ongoing FTA Subrecipient Monitoring 8 i) Active SAM Registries 8 i) Quarterly Reporting 8 i) Invoice Reviews 9 5.5 Formal Compliance Reviews 10 i) Review of Submitted Documents 15 ii) On-Site Review 16 iv) Corrective Action Monitoring 19 5.6 Closeout Reviews 19 6.Oversight after grant closeout 20 7.Ongoing Capital Project Oversight 21 8. Roles and responsibilities 22 9. References to Legislative and Regulatory Documents(or as revised) 27 10. Definitions 27 11.Appendices 28 Page 137 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs e. Su brecipient Monitoring Needs Assessment Questionnaire This Monitoring Needs Assessment has been developed to determine the appropriate level of monitoring for each FTA subrecipient subaward. This form should be completed by the project manager at the start ofthe award cycle when FTA subrecipients are identified, before any funding agreements are made,and then at least annually thereafter.The assessmentshould be revised in the event of significant changes tothe subaward or subrecipient operation. Information may need to be requested from the subrecipient directly. The Excel 'FTASubrecipient Monitoring Needs Assessment'tool can be used to document the scores and calculate the level of monitoring needed. The level of monitoring needed will influence the approach and frequency of OCTA monitoring activity. The project manager should send the Subrecipient Monitoring Needs Assessment tothe Government Relations Division and agree on any amendments to the Subrecipient Monitoring Plan. Instructions: Each question is multiple choice,with a different score(1, 3,5) for each answer option. Complete all questions and calculate the total sore of all answers.The total score indicates the level of monitoring needed (high,medium or low) for the subrecipient subaward.This is outlined on the last page of the assessment. Particular responsesto certain questions lead to an automatic'High'score. These are highlighted in red and identified with(*). Where a question is N/A for the subrecipient or subaward,score one (1).New or potential subrecipients may score one (1) in a number of areas as they have no proven record in reporting, FTA compliance and Federal Cost Principles. I. Project Complexity/Technical Capacity 1.What is the duration of the project? 0-12 months 1 12-24 months 3 25 months and over H ``-5 ,`y '' Comments: 2. How many phases does the project have? One phase 1 Some phases 3 Many phases Comments: 3. How many contractors and/or subcontractors are involved in the project? One contractor 1 Some contractors and subcontractors 3 Many contractors and subcontractors Page 138 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs Comments: 4. Complexity of the business environment or program funding/match requirements: Simple program requirements and operations environment 1 Moderately complex program requirements and operations environment 3 Complex operations environment and program requirements ,, _ :1 Comments: 5. Has the project experienced changes in scope and schedule? No changes 1 A few minor changes in scope and schedule 3 Many changes in scope and/or schedule ":5 ' Comments: 6.Type of project All projects except those listed below 1 Large construction, Environmental,Coordinate with railroad; _r Design-build projects, Large BRT, New or Small Starts Comments: II. General Assessment 1. Subrecipient experience delivering an FTA Funded Subaward:* 5+years 1 1-4 years j 3 • No previous experience as FTA subrecipient or recipient* kl•, I A:110 5+fir Comments: 2. Management or staff turnover or reorganization that affects this project or program: No turnover or reorganization 1 Little turnover or reorganization l 3 Significant turnover or reorganization 7 :5 � r `. Comments: 3. Experience of staff and management assigned to the program: 5+years/funding cycles 1 2-5 years/funding cycles ' 3 Less than 2 years/funding cycles • . b Comments: Page 139 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs 4.Su brecipient timeliness in documentsubmission:* Applications,Amendments, Close-out Fiscal or Financial Reporting,Budgets/Revisions Monitoring document requests,Quarterly Reports Single audits and corrective action(if applicable) On time submission of all documents 1 Ra rely late or sometimes late on some documents 3 Consistently late on some or all documents* Comments: 5. Subrecipienttimely response to program/fiscal questions: Always timely in response 1 Sometimes late in response � 3 Consistently late in response ( a Comments: 6. Effective written procedures and controls for this program: Formal/Written and Distributed to Employees 1 Informal and Formal Policies and Controls 3 No or only informal Policies or Controls nx Comments: 7. Operates a fixed route service Substantial experience 1 Some experience 3 Little to new experience Comments: 8. Civil rights Has all plans written and endorsed/approved 1 Has some plans written and endorsed, some have questionable status 3 Has few civil rights plans written and approved/endorsed Comments: 9. Operates a Paratransit or Demand Response Substantial experience 1 Some experience 3 Little to new experience . ; + Comments: Page 140 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs 10. Outsources transit services Has a written oversight plan 1 Has an informal and partially written plan f 3 Has only an informal unwritten plan Comments: III.Overall Financial Assessment 1.Variations between expenditures and budget: No variations 1 Small variations 3 ;5 - ,may Large and frequent variations �:��„ =� ��_ Comments: 2. Su brecipient amount of budget carryover year to year: No carryover 1 Small amount of carryover 3 Large amount of carryover _ 1 Comments: 3. Difficulty meeting match requirements: Always meets match requirements(No difficulty) 1 Meets match requirements most of the time(Some difficulty) 3 Consistently has difficulty meeting match requirements '' 5 i Comments: IIV. Legal Assessment 1. Does the subrecipient have or previously had a lawsuit(s)filed against them?(Obtain all necessary documentation if answer is yes) No previous or current lawsuits 1 Has previously had a lawsuit 3 5 .' Has a lawsuit TAN41.5*.: .44-;'•11 Comments: 2.Su brecipient staffthat have been jailed,convicted of a felony or are currently under criminal investigation: No staffjailed, convicted or currently under criminal investigation 1 Page 141 City of Rosemead CALYPTTJS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs Has staffthat has been jailed, convicted or is currently under criminal investigation p o.:44 *tea Comments: V. Monitoring/Audit Assessment 1. Have there been material Audit findings from the Single Audit orany other Internal Audit:* No material findings 1 Some findings,not material 3 Has material findings* Comments: 2. Have there been any previous audit findings(i.e.other comprehensive audit,InternalAudit)?* No material findings 1 Some findings,not material 3 Has materialfindings* t„ ; ", M4,4 Comments: 3. Has the subrecipient been debarred orsuspended or been on restricted drawdown? If so, when?* Never debarred or suspended, restricted 1 • Has been debarred or suspended,restricted* Comments: 4. Corrective Action Plans(CAP)and Resolution(Obtain copy) No outstanding CAPs past or current 1 Has had CAPs but some have been resolved on time 3 Has CAPs and most are not resolved on time Comments VI. Financial Systems Assessment 1. Does the sub-recipient have a financial management system and procedures in place to track and record program expenditures(Examples:QuickBooks, Visual Bookkeeper,Peachtree,or a Customer ProprietarySystem)* Yes,has financial management system in place; Has procedures covering 1 allowability of costs and timeliness of disbursements No integrated financial management system or procedures in place* Comments: Page 142 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs 2. Does the accounting system identify the receipts,time and expenditures specific to award funds, as well as the award funded project? Accounting system identifies receipts,time and expenses of program 1 funds separately for each award fund and each award funded project Accounting system identifies receipts,time and expenses of program 3 funds but does not separate for both award funds and projects Accounting system does not identify receipts,time and expenditures of program funds Comments: 3. Does the sub-recipient have a time and accounting system to track time and expenditures by cost objective? Yes,subrecipient has a time and accounting system to tracktime and 1 expenditures by cost objective Subrecipient has a time and accounting system but does not tracktime 3 and expenditures by cost objective Subrecipient does not have a time and accounting system to track time and expenditures Comments: Once assessment is complete,total the scores to determine the Risk level using the table below. Su brecipient Questionnaire Score Monitoring Need Total of score Less than 30 Low 31 to 60 Medium Greaterthan 60 N MI Automatic High Level,regard less of overall score A score of 5 on any of the following questions - Section II Q 1 or 4,Section V Qs 1, 2,and 3,Section VI, Q1 • No previous experience as FTA subrecipient • Consistently late on some or all document reporting • Material Findings from previous audits • Drawdown or invoicing restrictions • No financial management systems in place Page 143 cdeV City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CD BG Programs f. Su brecipient Compliance Review Guide FTA Subrecipient ReviewGuide Contents Financial Management and Financial Capacity 45 Legal 49 Technical Capacity 50 Maintenance 55 Americans with Disabilities Act 59 Title VI 64 Procurement 68 Disadvantaged Business Enterprise 76 Satisfactory Continuing Control 79 Planning/Program of Projects 83 Public Comment 85 Half Fare 86 Charter Bus 88 School Bus 89 Drug-Free Workplace/Drug and Alcohol Program 90 Transit Asset Management 97 Equal Employment Opportunity 98 Page 144 City of Rosemead CALYPTTJS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs a. Financial Management and Financial Capacity Applicability:All Subrecipients If option is red&underlined,see finding and corrective action. Document#1:Written financial policies and Finding&Corrective action Comments procedures 1. Does the subrecipient o Yes ❑ No No written financial policies have financial policies and procedures and procedures that include coverage of allowability of funds and Subrecipient must document timely disbursement of its financial functions in funds? written policies and procedures. a. If yes,do procedures o Yes ❑ No No process/procedure for address preparation of comparing actual expenses to reports that compare budget actual expenses against budgets? Direct subrecipient to document variance analysis its financial functions in written policies and procedures Document#2,#3,and#6:Audited financial Finding&Corrective action Comments statements for the past three years and comprehensive annual financial report (CAFR);Single Audits 2. Does the subrecipient ❑Yes ❑No Annual audit not conducted have audited financial statements for the past three years? Direct subrecipient to have annual audits conducted 3. Does the subrecipient o Yes ❑ No Single audit submissions have Single Audit Report deficient management letter comments for the past three years? Direct subrecipient to submit single audits, management letter comments,and with a Page 145 fearl City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs process to ensure that future submissions are completed 4. Does the subrecipient ❑Yes ❑No CAFR not conducted have a Comprehensive Annual Financial Report (CAFR)? Direct the subrecipient to develop a CAFR as a standard practice a. If yes to 2),3) or 4) ❑Yes ❑No N/A Were there any audit findings? b. If yes to a) ❑Yes ❑ No Subrecipient had audit Did subrecipient submit a findings but did not formally management letter to notify OCTA. OCTA? Direct subrecipient to submit single audits,management letter comments,and with a process to ensure that future submissions are completed Document#4:OIG or GAO audit reports with Finding&Corrective action Comments findings relating to FTA 5. Does the subrecipient ❑Yes N/A N/A have OIG or GAO audit reports with findings relating to FTA? a. If yes:Did subrecipient ❑Yes ❑No Unresolved OIG or GAO audit resolve/close the audit findings findings? b. Does the GAO note any ❑Yes ❑ No issues related to financial Subrecipient must submit management or capacity? evidence of the resolution of all outstanding review deficiencies by the GAO,OIG Page 146 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs and/or any other local or state audits. Document#6:Three to five year capital and Finding&Corrective action Comments operating financial plan 6. Does the subrecipient o Yes ❑No No existing financial plan have a three to five year capital and operating financial plan? Subrecipient must submit a multi-year financial plan a. If yes: Does the capital o Yes ❑ No Financial plan lacks required and operating financial details plan project the required number of years? b. Does the plan show o Yes ❑No Subrecipient must submit a operating and capital multi-year financial plan revenues and expenses? Document#8:Documentation of matching Finding and Corrective Action Comments funds 7. Does the subrecipient o Yes ❑ No Ineligible local match have a documentation of matching funds? Subrecipient must provide documentation that the funds it uses for local match are eligible(including any volunteer or in-kind services) and establish procedures for drawdowns/invoicing to demonstrate appropriate use of FTA versus matching funds a. If yes: Are revenue ❑Yes ❑ No Match funding is not secure or sources stable and in-kind contributions are reliable enough to meet insufficiently documented future operational and routine capital costs? Page 147 /40 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs b. If matched funding is o Yes ❑No Subrecipient must provide through in-kind documentation that the funds contributions: a)has the it uses for local match are value been documented eligible(including volunteer or and supported, b) does in kind services)and establish the cost represent a cost procedures for that would otherwise be drawdowns/invoicing to eligible under the program,and c)are the demonstrate appropriate use in-kind costs included in of FTA versus matching funds. the new project costs in the project budget? If the subrecipient charges indirect costs: Document#7:Cost allocation plan and Finding&Corrective Action Comments cognizant agency correspondence/approval 8. Does the subrecipient o Yes ❑ No Cost allocation plan have a Cost allocation deficiencies plan and cognizant agency correspondence/ approval? Subrecipient must obtain cognizant agency*approval of the CAP and provide procedures for updating and submitting the plan annually a. If yes:Did subrecipient o Yes ❑No CAP not approved or not up to submit its CAP for date. approval to cognizant agency? b. Has subrecipient updated ❑Yes o No Subrecipient must obtain plan annually and cognizant agency a pproval of retained it for audit the CAP and provide and/or updated that plan procedures for updating and if required? submitting the plan annually *The cognizant agency is that which provides the largest amount of federal funds to the subrecipient Page ! 48 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs Legal Applicability:All Subrecipients If option is red&underlined,see finding and corrective action. Document 1: Disclosure documentation Finding and Corrective Comments Action 1. Does the subrecipient ❑Yes ❑ No Lobbying disclosure issue have documentation that proper disclosures have been made and filed with Subrecipient must submit the subrecipient on the documentation as required OMB Standard Form LLL? and develop and/or document the process to ensure timely reporting in the future 2. Does the recipient ❑Yes ❑ No Notification include clauses in its third party and subrecipient agreements Ensure that the clause is that require notification included in the subrecipient of any legal matter that agreement may affect the Federal government? Page 149 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs Technical Capacity Applicability: All Subrecipients If option is red&underlined,see finding and corrective action. Document#1:Award administration procedures, Finding and Corrective Comments if written a ction 1. Does the subrecipient have o Yes ❑No No written award written award administration administration policies procedures? and procedures Subrecipient must submit documented award administration procedures Document#2 and#3:Award closeout schedule Finding and Corrective Comments and list of subawards with 95%expenditures action complete 2. Does the subrecipient have a ❑Yes ❑ No Inactive awards/untimely list of any subawards with 95% closeouts tie to the lack of expenditures complete? procedures as well a. If Yes:Does the subrecipient ❑Yes o No have a large number of awards that should potentially be Direct subrecipient to closed out? submit procedures for I. Are any award 100% spending older funds disbursed? first,tracking projects, II. Have any award been identifying project obligated more than three balances,reprogramming years ago and have not the unused project funds had a disbursement in the past 12 months? to other projects,or b. Does the subrecipient have an o Yes ❑ No closing out the projects. award close out schedule that contains: I. Final Financial Report II. Final budget revision reflecting project cost by scope and activity III. Final narrative milestone/progress report including a discussion of each activity line item contained in the final Page 150 Aggi City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs budget IV. A list of equipment purchased under the subaward V. Request to deobligate any unexpended balance of Federal funds as applicable Document#3:Force account plans/justifications/ Finding and Corrective Comments approvals(if force account work over$100,000) a ction 3. Does the subrecipient have ❑Yes ❑ No Lacking force account force accounts plans/ plan/required justifications/approvals? justification a. If yes:Does the plan include a ❑Yes ❑No justification for using force account work including one of Direct subrecipient to the four conditions: develop and submit a I. Cost savings force account plan and II. Exclusive expertise justification as detailed in III. Safety and efficiency of FTA Circular 5010.D for operations use of its own workforce IV. Union agreement on capital improvement b. If force account work is over o Yes o No $10 Million, has FTA approval projects and procedures been given? for developing force account plans when required. Document#4:Quarterly reportingdocuments Finding and Corrective Comments (MPR/FFR inputs) action 4. Does the subrecipient have ❑Yes ❑No Late or incomplete Quarterly reporting quarterly reporting documents (MPR/FFR inputs)? documents a. If yes:Has the subrecipient o Yes o No missed any required quarterly Subrecipient must submit reports? delinquent reports for b. Do the subrecipient's quarterly ❑Yes o No financial reports include: the most recent period I. Cash on hand at the and procedures for beginning of the period submitting reports with II. Cash receipts all required information III. Cash disbursed on time. IV. OCTA share of expenditures Page 151 tegrO City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Profess iona I Services for Administration of Home/CDBG Programs V. Subrecipient share of expenditure VI. Unliquidated obligations Applicability: If subrecipient is using contractors,transit management or service contractors Document#6:Oversight procedures for Finding and Corrective Comments contractors action 5. Does the subrecipient have o Yes ❑ No oversight procedures for Inadequate oversight of contractors? third part a. If yes:Has subrecipient ❑Yes ❑No contractor/lessees reviewed documentation to Subrecipient must submit ensure that contractors meet procedures and a staffing all statutory and program plan to monitor other requirements? ❑Yes ❑ No entities with b. Does subrecipient have a responsibility for meeting system/procedures/mechanis FTA requirements. m in place to monitor contractors? Note:Systems may include applications/requests for proposals, monthly quarterly or annual reports,meetings,site visits, and vehicle/facility inspections. Applicability: If the subrecipient is working on a capital project Document#5:Procedures for technical Finding and Corrective Comments inspection/supervision of capital projects action 6. Does the subrecipient have ❑Yes ❑No procedures for technical No proceduresfor inspection/supervision of the technical capital project? inspection/supervision of a. If yes:Do the procedures ❑Yes ❑ No work in progress provide for continuous The subrecipient must progress monitoring of the capital project? submit project b. Do any of the subrecipient's ❑Yes ❑ No management procedures monthly progress reports for existing or future indicate unexplained capital projects to address project delays? deficiencies identified. Subrecipient oversight of Page 152 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs capital project lacking The subrecipient must submit explanationsfor any capital project delays and submit project management procedures for existing or future projects to address deficiencies identified On site Visit Document Review Applicability: If the subrecipient is working on a construction project Document#1:Construction logs and diaries Finding and Corrective Comments action 1. Do the construction logs and/ o Yes ❑No or diaries match against Subrecipient oversight of certified payrolls,and show contractors lacking.Not compliance to David Bacon complying with David requirements Bacon Requirements. The subrecipient should immediatelysuspend any payment to contractors that are not in compliance and seek advice from OCTA/FTA regarding further enforcement required. Document#2:Davis Bacon Wage rate posters on Finding and Corrective Comments site action 2. Is the Davis Bacon wage rate o Yes ❑ No poster in a prominent and Subrecipientoversightof accessible place where it may contractors lacking.Not be easily seen by employees? complying with David Bacon Requirements. The subrecipient should submit evidence that Page 153 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs wage rate poster is displayed correctly. Page 154 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs Maintenance Applicability: All Subrecipients with FTA funded rolling stockor FTA funded facilities If option is red&underlined,see finding and corrective action. Put N/A where not applicable Document#2:Maintenance Plans Finding and Corrective action Comments - Vehicles - Facilities and Equipment 1. Does the subrecipient ❑Yes ❑No No vehicle maintenance plan have a vehicle maintenance plan (if Direct subrecipient to submit applicable)? a new or revised maintenance plan/program and evidence that it has been implemented. 2. Does the subrecipient ❑Yes ❑No Facility/equipment have a Facilities and maintenance program lacking Equipment maintenance or inadequate plan (if applicable)? Direct subrecipient to submit a new or revised maintenance plan/program and evidence that it has been implemented. a. If Yes to 1 or 2: Does the ❑Yes ❑ No Vehicle or facility/equipment subrecipient's vehicle and maintenance plan lacking or facility/equipment inadequate maintenance plans include the following Direct subrecipient to submit items: a new or revised maintenance I. System of periodic inspections plan/program and evidence performed at certain that it has been implemented. defined intervals II. Vehicle specific preventive maintenance activities(updated with addition of new vehicles in the fleet) III. Preventive maintenance activities for facilities and equipment. Document#3:Manufacturer's Finding and Corrective action Comments Page j 55 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs recommended preventive maintenance schedules for vehicles,equipment,and facilities 3. Does the subrecipient ❑Yes ❑No Vehicle/facility/equipment have manufacturer's maintenance program lacking recommended or inadequate preventive maintenance schedules for vehicles, Direct subrecipient to submit equipment, and a new or revised maintenance facilities? plan/program and evidence that it has been implemented. Document#4 List of vehicles and equipment Finding and Corrective action Comments under warranty 4. Does the subrecipient ❑Yes ❑ No Warranty claims not pursued have a list of vehicles and effectively equipment under warranty Subrecipient must submit a a. If yes: Does subrecipient ❑Yes ❑ No written system for managing have a system for identifying warranty warranty claims with a plan claims,recording claims, for implementation. and enforcing claims against manufacturers? Note:Review vehicle and equipment records and files for the program to assess how timely and aggressive the subrecipient has been in pursuing and collecting warranty claims. Applicability: If the subrecipient has contractors undertaking maintenance activities Docu ment#5 Contractor oversight Finding and Corrective action Comments procedures 5. Does the subrecipient ❑Yes ❑ No Inadequate oversight of have contractor oversight contracted maintenance procedures activities a. If yes: Does subrecipient ❑Yes ❑ No have procedures and/or a Subrecipient must submit a mechanism to monitor Page 156 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs contractor's maintenance written maintenance plan and activities? an amended agreement, contract,or lease incorporating the plan that includes maintenance standards compatible with FTA requirements and/or the performance measures for timely maintenance. On site Visit Document Review Does the subredpient have the following Finding and Corrective Action Comments documents? 1. PM inspection records: a Yes ❑No Late vehicle preventive vehicles maintenance For review of vehicles, facilities,and equipment, preventative maintenance Direct subrecipient to submit must be performed on time procedures for completing at least 80%of the time. preventive maintenance on Under 80%on time time.Subrecipient must submit performance should lead to a monthly report signed by the finding and corrective chief executive officer or other action. senior management designee on its preventive maintenance results until the data demonstrate it has conducted at least 80 percent of its preventive maintenance on time. 2. PM inspection records: ❑Yes ❑ No Late facility/equipment facilities/equipment maintenance For review of vehicles, facilities,and equipment, preventative maintenance Subrecipient must submit must be performed on time procedures for completing at least 80%of the time. preventive maintenance Under 80%on time inspections on time. For the performance should lead to item examined,direct the Page 57 461015 City of Rosemead CALYPTTJS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs finding and corrective subrecipient to submit a action. monthly report signed by the chief executive officer or other senior management designee on its preventive maintenance results until the data demonstrates it has conducted at least 80 percent of its preventive maintenance on time for three consecutive months. 3. PM inspection records: ❑Yes ❑ No Violation of procedures to ADA accessibility ensure maintenance of features accessible features Subrecipient must submit an updated maintenance program for accessibility features. 4. Procedure for warranty ❑Yes ❑ No Warranty claims not pursued claims effectively Subrecipient must submit a written system for managing warranty claims with a plan for implementation. Page 158 City of Rosemead CALYPTTJS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs Americans with Disabilities Act Applicability: All subrecipients that - Have FTA funded facilities,or - Operate fixed route services,or - Operate demand response Where document not applicable to service/facilities provided state N/A If option in red&underlined,see finding and corrective action. Document#1:Operating policies for service Finding and Corrective Comments persons with disabilities Fixed Route Service action 1. Does the subrecipient ❑Yes ❑ No ADA service provision have operating policies deficiencies for providing service to Subrecipient must persons with disabilities document policies and procedures to include all required service provisions. a. If Yes: Do procedures ❑Yes ❑ No ADA service provision address stop deficiencies announcements for fixed route service at transfer Direct subrecipient to points, major intersections,destination document that policies have points, intervals along the been revised and required route to orient service provisions have been passengers,and any stop implemented. upon request? b. Do the procedures ❑Yes ❑ No address the means by which an individual with a visual impairment or other disability waiting at a stop can identify the route on which he or she wa nts to travel when more than one route serves a stop? c. Do the procedures o Yes ❑ No address maintaining accessibility features in operative condition? d. Do the procedures ❑Yes ❑ No address the conditions Page 159 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs under which the entity must ask persons to move in order to allow the individual with a disability to occupy the seat or securement location? e. Do the procedures ❑Yes ❑ No prohibit the subrecipient from setting weight or size limitations on wheelchairs it will transport that understate the weight capacitythat the vehicle fleet can actually accommodate? f. Do the procedures o Yes ❑ No require the subrecipient to permit a passenger who uses a lift or rampto board or disembarkfrom a vehicle at any designated stop unless the lift or ramp cannot be deployed? g. Do the procedures ❑Yes ❑ No prohibit the subrecipient from denying service to individuals using respirators, concentrators,or portable oxygen? h. Do the procedures o Yes ❑ No require that adequate time be given for individuals with disabilities to board or disembark a vehicle? Document#2 ADA complementaryparatransit Finding and Corrective Comments eligibility application materials and eligibility& action appeal decision letters 2. Does the subrecipient ❑Yes ❑ No Improper ADA have ADA complementary paratransit complementary determination process Page 160 City of Rosemead CALYPT1S RFP No. 2021-01 Consulting Group,Inc. ProfessionalServices for Administration of Home/CDBG Programs paratransit eligibility Subrecipient must submit application materials and procedures for its eligibility eligibility&appeal determinations and appeals decision letters? process a. If Yes:Do eligibility ❑Yes ❑ No Improper ADA application materials complementary paratransit indicate that applications determination process must be processed within 21 calendar days of Direct subrecipient to submittal? b. Do eligibility application ❑Yes ❑ No submit revised procedures materials indicate that for its eligibility applicants will be given a determinations and/or written reason for the appeals process to meet the determination to deny regulatory requirements. the application? c. Do eligibility decisions ❑Yes ❑ No letters provide information on the appeals process? d. Does the appeals process ❑Yes ❑ No indicate that should the appeals process exceed 30 days, paratransit service must be provided from that time until a decision to deny the appeal is issued? e. Does the subrecipient ❑Yes ❑ No have a visitor's policy, that includes allowance for apparent disability and requests are processed expeditiously (same day or one day later)? Document#3 ADA Complementary paratransit Finding and Corrective Comments service performance data action 3. Does the subrecipient ❑Yes ❑ No Capacity Constraints have data such as trip Subrecipient have a denial rate,on-time monitoring program to performance rate, review its capacity to meet number of missed trips, the 100%next day Page 161 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs and number of availability requirement excessively long trips for ADA complementary pa ratransit service for the current year? a. If Yes:Do the data Li Yes ❑ No Pattern or practice issues indicate a pattern or Subrecipient must submit a practice of trip denials, plan to increase capacity or untimely pickups, missed take measures to reduce trips,or excessively long demand. trips? Document#4 Operating policies regarding ADA Finding and Corrective Comments pa ratransit trip reservations and scheduling action • 4. Does the subrecipient ❑Yes ❑ No ADA service provision have operating policies deficiencies regarding ADA pa ratransit Subrecipient must trip reservations and document policies and scheduling (can be procedures to include all combined with Document #1) required service provisions. a. If Yes:Are requests for ❑Yes ❑ No ADA service provision reservations accepted deficiencies during normal business Subrecipient must submit hours on a "next day" documentation that it has basis? taken immediate steps to b. Does the subrecipient ❑Yes ❑ No limit the number of change any operating reservations made during policies that do not meet a phone call? regulatory requirements. Document#5 No-show/late cancellation policy Finding and Corrective Comments action 5. Does the subrecipient ❑Yes ❑ No ADA service provision have a no-show/late deficiencies cancellation policy Subrecipient must document policies and procedures to include all required service provisions a. If Yes: Does the ❑Yes ❑ No ADA service provision subrecipient suspend deficiencies riders who do not Subrecipient must revise its demonstrate a true no-show policy to only Page 162 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs pattern or practice of no- suspend riders who shows? demonstrate a true pattern or practice of no-shows. b. Does the subrecipient ❑Yes ❑ No ADA service provision count no-shows not deficiencies under the rider's control? Subrecipient must stop counting no-shows that are not under the rider's control. c. Does the subrecipient ❑Yes ❑ No ADA service provision assess financial penalties deficiencies for no-shows? Subrecipient must stop assessing financial penalties for no-shows. d. Does the subrecipient ❑Yes ❑ No ADA service provision allow riders to contest deficiencies no-shows or appeal Subrecipient must allow suspensions? riders to contest no-shows and appeal suspensions. Document#6 Complaint process Finding and Corrective Comments action 6. Does the subrecipient ❑Yes ❑ No Insufficient ADA complaint have a complaint process process? Subrecipient must develop and implement process for reviewing and resolving complaints. a. If Yes:Is there an internal ❑Yes ❑ No Insufficient ADA complaint procedure for reviewing process complaints and to Subrecipient must provide feedback to the implement a policy and complainant? procedure for reviewing and resolving complaints. Page 163 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs Title VI Applicability: All subrecipients Note:Some documents listed below apply only to areas with over 200,000 UZA. If this is not applicable state N/A If option is red&underlined,see finding and corrective action. Document#1Title VI complaint process and Finding and Corrective Comments complaints action 1. Does the subrecipient ❑Yes ❑ No have a Title VI program; Title VI notification complaint process and deficiencies complaints? Subrecipient must publish in its Title VI notice a description of procedures that members of the public shall follow in order to file a Title VI complaint against the subrecipient.This notice should be included in the subrecipient's website and include compliant procedures Applicability: If a facility has been sited after October 1St,2012 Docu ment#2 Equity analysis for facility Finding and Corrective action Comments siting 2. Does the subrecipient ❑Yes ❑No have an Equity analysis Failure to comply with Title VI for facility siting determination of site or location a. If Yes:Did the ❑Yes ❑ No of facilities requirements subrecipient complete an For facilities still in the process equity analysis during the of siting,direct the subrecipient planning stages of a project that established a to meet Title VI requirements new site? before proceeding to making a siting decision. Subrecipient must provide a plan for conducting equity analysis for facility siting for future projects. Page 164 firvidi City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs Document#3 Documentation of LEP Finding and Corrective Comments Analysis/Implementation Plan/Language action Assistance Plan 3. Does the subrecipient have ❑Yes o No documentation of LEP Lacking a language Analysis/Implementation assistance plan Plan/Language Assistance Direct the subrecipient Plan to submit a language a. If Yes:Does the subrecipient's LEP plan include assistance plan with a the areas of the four factor analysis below I. the number and o Yes ❑ No completed four factor proportion of LEP persons analysis,along with a list served or encountered in of language assistance the eligible service measures it has population provided or intends to II. the frequencywith which o Yes ❑No provide, based on the LEP individuals come into analysis and a timeline contact with the program for providing this III. the nature and ❑Yes ❑No importance to people's assistance. lives of the program, activity,or service provided IV. the resources available to ❑Yes ❑No the recipient for LEP outreach and the associated costs b. Does the subrecipient's Language Assistance Plan (LAP) include: I. Identification of LEP ❑Yes ❑No individuals who need language assistance II. Develop language ❑Yes ❑ No assistance measures III. Detail how to provide o Yes ❑No notice to LEP persons IV. Address procedures for o Yes ❑No monitoring implementation and updating the plan;and include training of staff Applicability: Subrecipients with over 200,000 UZA Page 165 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs Document#4 Demographic data/analyses Finding and Corrective Comments (over 200,000 UZA) action 4. Does the subrecipient ❑Yes ❑ No have demographic Demographic data lacking data/analyses Direct the subrecipient to a. If Yes:Does the ❑Yes ❑ No submit documentation of subrecipient's Title VI updated maps and overlays, plan include demographic the results of customer maps and overlays, results of customer surveys, or additional surveys, or information information in accordance on procedures to collect with the applicable and analyze demographic requirements of circular FTA data? C4702.1B. Document#5 and#6 Service Standards and Finding and Corrective Comments Documentation of service monitoring to action identify disparities(over 200,000 UZA) (Applies to Fixed Route Service) 5. Does the subrecipient ❑Yes ❑ No have service No proceduresfor standards/policies monitoring level or quality of 6. Does the subrecipient ❑Yes ❑ No service,and amenities have documentation of Direct the subrecipient to service monitoring to submit the results of an identify disparities a. If Yesto either 5 or 6: ❑Yes ❑ No updated monitoring Does the subrecipient's program,consistent with monitor the service it the procedures in FTA C provides to identify any 4702.1B. disparities in the level and quality of service provided to different demographic groups and amenities? Document#7:Documentation of equity Finding and Corrective Comments analysis for fare or service changes (over action 200,000 UZA) (For Fixed Route Service) 7. Does the subrecipient ❑Yes ❑ No have Documentation of Impact of fare and/or equity analysis for fare service changes not Page 166 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs or service changes adequately documented a. If Yes:Hasthe ❑Yes ❑ No subrecipient completed Direct the subrecipient to an equity analysis for submit to procedures for recent fare or service major service change policy, changes? disparate impact policy, or disproportionate burden policy, and/or procedures to implement these policies. Page 167 traV City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs Procurement Applicability: All Subrecipients If option is red&underlined,see finding and corrective action. Document#1:Written procurement Finding and Corrective action Comments policies and procedures 1. Does the ❑Yes ❑ No subrecipient have Procurement policies and written procedures not evident procurement Subrecipient must develop policies and procurement procedures that procedures address the requirements listed in 4220.1F but must include coverage on including specifications in solicitations and how bids and proposals will be evaluated If Yes: do the procedures include the following? Corrective Action for any deficiency:Direct subrecipient to submit updated procedures with the required information ❑Yes ❑ No a. Written protest procedures The subrecipient has written protest procedures to handle and resolve disputes relating to their procurements. These procedures require the following: • In all instances involving FTA funds the subrecipient must disclose information regarding the protest to OCTA,and keep OCTA informed about the status of the protest, • All protest decisions must be in writing,and • A protester must exhaust all administrative remedies with the subrecipient before pursuing a protest with FTA. ❑Yes ❑ No b. Standards of conduct The subrecipient has a written code of standards of conduct which provides that no employee, officer, agent,immediate family member, or Board member of the subrecipient shall participate in the selection,award,or administration of a contract supported by FTA funds if a conflict of interest, Page 168 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs real or apparent,would be involved. The subrecipient defines such a conflict to be when any of the following has a financial or other interest in the firm selected for award: • The employee, officer, agent,or Board member, • Any member of his/her immediate family, • His or her partner,or • An organization that employs, or is about to employ, any of the above. The subrecipients code of conduct also provides that its officers,employees,agents,or Board members will neither solicit nor accept gifts,gratuities,favors,or anything of monetary value from contractors,potential contractors,or parties to subagreements and contains penalties,sanctions, or other disciplinary action for violation of such standards by the subrecipient's officers, employees,or agents,or by contractors or their agents. ❑Yes ❑No c. Requirements for full and open competition All procurement transactions will be conducted in a manner providing full and open competition. ❑Yes ❑No d. Requirements for responsibility determination Make awards only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration shall be given to contractor integrity,compliance with public policy, record of past performance,and financial and technical resources. Undertake a System for Award Management check(www.SAM.gov) ❑Yes ❑ No e. Requirements for maintaining a written record of the procurement history At a minimum, these records shall include: • The rationale for the method of procurement, • Selection of contract type • Reasons for contractor selection or rejection,and The basis for the contract price. ❑Yes ❑ No f. Coverage of Time and Materials type contracts Requirement that"Time and Materials Type Contracts" may only be used: • After a determination that no other type of contract is suitable,and Page j 69 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs • If the contract specifies a ceiling price that the contractor shall not exceed except at its own risk. ❑Yes ❑ No g. Contract term limitation for rolling stock Contract term limitation for rolling stock and replacement parts shall not exceed the recipient's needs for rolling stock and replacement parts within five (5)years inclusive of options without prior written FTA approval when FTA funds are involved. For all other types of contracts,the contract file contains evidence that the contract term is based upon sound business judgment. ❑Yes ❑ No h. Requirements for A&E procurements The Brooks Act procedures apply and may only be used when procuring A&E services: • Evaluate qualifications excluding price as a factor, • Negotiate only with the most qualified offeror, and • Failing agreement on price,negotiate with the next most qualified offeror until agreement is reached on a price that is determined to be fair and reasonable. ❑Yes ❑No i. Requirements for micro purchases($3,000 or less) • Competition not required • Must document determination that price is fair and reasonable and how the determination was derived • Prohibit splitting of procurements to avoid competition, and • When competition is not obtained, require equitable distribution among qualified suppliers ❑Yes ❑No j. Requirements for small purchases(for FTA funded purchases the threshold may range from$3,000 to $100,000): • Must obtain price or rate quotations from an adequate number of qualified sources,and • Document file that price is fair and reasonable. ❑Yes ❑ No k. Requirements for Sealed Bids(IFB) • Defines conditions for sealed bids • Requires public advertising • Must allow sufficient time to prepare bids prior to bid opening Page 170 Are City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs • Award must be made to thelowest responsive and responsible bidder, and • Must document sound business reason if any or all bids are rejected. ❑Yes ❑No I. Requirements for request for proposals • Requests for proposals will be publicized. All evaluation factors will be identified along with their relative importance; • Proposals will be solicited from an adequate number of qualified sources; • Subrecipients will have a method in place for conducting technical evaluations of the proposals received and for selecting awardees; • Awards will be made to the responsible firm whose proposal is most advantageous to the subrecipient's program with price and other factors considered; and In determining which proposal is most advantageous, subrecipients may award(if consistent with State law)to the proposer whose proposals offer the greatest business value to the Agency based upon an analysis of a tradeoff of qualitative technical factors and price/cost to derive which proposal represents the"best value"to the Procuring Agency as defined in 4220.1F, I,5. b., Definitions. If the subrecipient elects to use the best value selection method as the basis for award,however,the solicitation must contain language that establishes that an award will be made on a "best value" basis. m. Requirements for sole source procurements ❑Yes ❑No • Infeasible to use small purchase,sealed bid, or competitive procedures,and (a) Item is available only from one source, (b) The public exigency or emergencyfor the requirement will not permit a delay resulting from competitive solicitation, (c) FTA authorizes noncompetitive negotiations, (d) After solicitation of a number of sources, competition is determined inadequate,or Cost and profit analysis are required. ❑Yes ❑No n. Prohibition on geographic preference Except when procuring A&E services,prohibits the use of Page 171 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs statutorily or administratively imposed in-State or local geographical preferences in the evaluation of bids or proposals unless Federal statutes expressly mandate or encourage geographic preference. ❑Yes ❑No o. Requirements for using brand name or equal specifications • Only when an adequate specification cannot be provided without performing an inspection and analysis in time for the acquisition under consideration,and • Minimum needs are carefully identified and those salient physical and functional characteristicsofthe brand name product are clearly set forth in the solicitation. ❑Yes ❑ No p. Requirements for the use of options • Option quantities must be evaluated to determine contract award,and • When exercising options,ensure it is in accordance with the contract and that the price is better than prices available in the market or is more advantageous at the time the option is exercised. ❑Yes ❑No q. Requirements for Independent Cost Estimates Must make independent cost or price estimates before receiving bids or proposals. ❑Yes ❑ No r. Requirements for Cost and Price Analysis Must perform cost and profit analysis when adequate price competition is lacking ❑Yes ❑ No s. Coverage of the use of progress payments Progress payments may only be made on the basis of costs incurred (or, in the case of construction contracts only, on the basis of percent of completion)and the subrecipient must obtain adequate security for which progress payments are made. Adequate security may include taking title,letters of credit or equivalent means to protect the subrecipients interest. Document#2:ContractAd ministration System Finding and Corrective Comments Procedures action Page 172 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs 2. Does the subrecipient ❑Yes ❑ No No contract administration have Contract system Administration System Subrecipient must develop Procedures,including for procedures for ensuring change orders contractors perform according to the terms and conditions of their contracts a. If Yes:Do the procedures ❑Yes ❑ No Contract administration provide guidance for system lacking ensuring that third party Direct subrecipient to contractors perform in submit procedures for accordance with the administering contracts. terms,conditions, and specifications of their contracts or purchase orders? Applicability: If Subrecipient uses a prequalification system Document#3 List of prequalification criteria(if Finding and Corrective Comments applicable) action 3. Does the Subrecipient ❑Yes ❑ No No adequate have a list of prequalification criteria prequalification criteria Subrecipient must develop (if applicable ) prequalification procedures that address the requirements listed in 4220.1F a. If Yes:Do the prequalification criteria: No adequate prequalification criteria I. Ensure the list of ❑Yes ❑ No Direct subrecipient to prequalified firms is submit revised procedures kept up to date? to administer the II. Allow bidders to ❑Yes ❑ No prequalification system. qualify during the solicitation period? III. Allow for full and ❑Yes ❑ No open competition among prequalified firms? Page 173 City of Rosemead CALYPT1S RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs Applicability:All Subrecipients Document#4 List of FTA funded capital and operating procurements over Comments the last 2 years or since the last review(whichever is most recent) 4. Has the Subrecipient ❑Yes ❑ No Note:this list is used to provided a List of FTA develop a sample of funded capital and procurement files for operating procurements review at the site visit. over the last 2 years or since the last review (whichever is most recent) On site Visit Procurement File Review Procurement files for FTA funded capital and operating procurements will be reviewed on site using the Procurement File Checklist. This checklist provides guidance on the requirements and applicability. It is provided separatelyfor ease of use on site in Appendix I. One checklist should be filled in for each procurement file reviewed. The findings from these reviews can be summarized in the below table: a. Did the procurement files reviewed contain the following documentation: Corrective Action:Direct subrecipient to revise procedures to address missing procurement documentation and evidence that documentation has been properly completed in future procurements. Comments Number of files reviewed: a. Selection Procedures o Yes ❑No b. Independent Cost Estimate o Yes ❑No c. Cost/Price Analysis o Yes ❑No d. Responsibility Determination ❑Yes ❑No e. Justification for Noncompetitive Awards ❑Yes ❑No f. No excessive bonding requirements ❑Yes ❑No g. No exclusionary specifications ❑Yes ❑No h. No geographic preferences ❑Yes ❑No i. Evaluation of Options ❑Yes ❑No j. Exercise of Options ❑Yes ❑No Page 174 City of Rosemead CALYPTTJS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs k. Lobbying Certifications Signed by ❑Yes ❑No Contractors I. Buy America Provisions in Solicitation, ❑Yes ❑ No Contractors'response,or Contract m. Time and MaterialsType Contract ❑Yes ❑No n. Qualifications Based Procurement ❑Yes ❑No Requirements o. Liquidated Damages Clause ❑Yes ❑No p. Change Order Documentation ❑Yes ❑No q. Contract Clauses ❑Yes ❑ No On Site Review- Buy America Compliance Buy America relates to all procurements of steel, iron, and manufactured products, except for products with a waiver or purchases under the simplified acquisition threshold(currently$100,000) Document#5 Pre and Post Delivery Finding and Corrective Comments certifications action 5. Does review of the ❑Yes ❑No Lack of signed BuyAmerica construction area and certificationsfrom vendors pre/post-delivery certifications show The subrecipient must compliance with Buy America Requirements? provide information documenting that the procurement complies with Buy America provisions Page 175 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs Disadvantaged Business Enterprise Applicability: All subrecipients with over$250K in FTA contracting opportunities(not including revenue vehicles) If option is red&underlined,see finding and corrective action. Document#1:DBE Program Submitted and Finding and Corrective Comments Approved by OCTA action 1. Does the subrecipient ❑Yes ❑ No No submitted and approved have a DBE Program DBE program Submitted and Approved Subrecipient must develop a by OCTA Subrecipient DBE program that meets the may agree to be part of OCTA's DBE program FTA requirements a. Does the program reflect ❑Yes ❑ No The program does not the current organizational reflect the current structure of the agency? organizational structure. Direct subrecipient to submit a revised DBE program that reflects the current organizational structure. Document#2:Goal methodology and current Finding and Corrective Comments goal(if applicable) action 2. Does the subrecipient ❑Yes ❑No DBE goal submission not have a goal methodology complete and three year goal? Subrecipient must prepare a DBE goal methodology and establish three year DBE goals Document#3:DBELO job description and Finding and Corrective Comments organizational chart showing relationship of action DBELO 3. Does the subrecipient ❑Yes ❑ No Inadequate designation of have a DBELO job DBE Officer description and Subrecipient must designate organizational chart a DBELO and ensure DBELO showing relationship of has direct access to the Page 176 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs DBELO chief executive for DBE related matters a. Does the DBELO have ❑Yes ❑ No Inadequate designation of direct and independent DBE Officer access to the CEO? Direct subrecipient to b. Does the DBELO's ❑Yes ❑ No change the DBELO position present a conflict designation as needed. of interest? Document#4:DBE Uniform Reports submitted Finding and Corrective Comments to OCTA action 4. Does the subrecipient ❑Yes ❑No DBE uniform reports not have a DBE Uniform submitted report submitted to Subrecipient must complete OCTA all delinquent uniform reports and develop procedures to ensure reports are submitted on time a. Do the reports include all ❑Yes ❑No DBE uniform reports lacking applicable FTA funded information contracting activity? Direct subrecipient to revise b. Can the subrecipient ❑Yes ❑ No DBE uniform reports as demonstrate how these needed to include the reports are reconciled to required information. procurement records? Applicability: If the subrecipient has not met DBE program goals Document#5:DBE goal shortfall analysis(if Finding and Corrective Comments applicable) action 5. Does the subrecipient ❑Yes ❑No DBE goal achievement have a DBE goal shortfall analysis not completed or analysis submitted Subrecipient must develop the required shortfall analysis and corrective action plan a. Does the analysis include ❑Yes ❑No DBE goal achievement the reason DBE goals analysis lacking were not attained? Direct subrecipient to revise b. Does the analysis include ❑Yes ❑No the shortfall analysis to corrective actions to include the required Page 177 Are City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs increase DBE information. participation? Document#6:Good faith effort Finding and Corrective Comments documentation action 6. Does the subrecipient o Yes ❑No Inadequate implementation have good faith effort of DBE contract compliance documentation including Subrecipient must develop monitoring of procedure for including commercially useful good faith effort function (CUF) documentation in all procurement actions and monitoring CUF Document#7:Compliance monitoring reports Finding and Corrective Comments action 7. Does the subrecipient ❑Yes ❑ No Subrecipientdoesnot have compliance monitor DBE compliance monitoring reports Subrecipient must develop procedures for conducting and documenting DBE compliance Page 178 "fri City of Rosemead CALYPTTJS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs Satisfactory Continuing Control Applicability: All subrecipients—different documentation is required for the different types of project that FTA funds (property, equipment, rolling stock).Where not applicable state N/A If option in red&underlined,see finding and Finding and Corrective Comments corrective action. Document#1:Procedures for action maintaining control of FTA funded property, equipment,and rolling stock(if applicable) 1. Does the subrecipient ❑Yes ❑No Inadequate property control have procedures for system maintaining control of Subrecipient must develop FTA funded property, procedures for maintaining equipment, and rolling control of FTA funded stock property,equipment,and rolling stock a. If Yes:Do they contain ❑Yes ❑ No Inadequate property control disposition procedures system b. Do they contain ❑Yes ❑ No Direct subrecipient to procedures for applying submit updated procedures insurance proceeds with the required information. Docu ment#2:Property records of federally Finding and Corrective Comments funded equipment and rolling stock(if action applicable) 2. Does the subrecipient ❑Yes ❑ No Inadequate equipment have property records of records federally funded Subrecipient must prepare a equipment and rolling record of all FTA funded stock(if applicable) equipment and rolling stock a. If Yes:Do they contain Inadequate equipment I. Description ❑Yes ❑ No records II. ID Number ❑Yes ❑No Direct subrecipient to III. Acquisition Date ❑Yes ❑No submit updated records IV. Total Acquisition ❑Yes ❑No with the required Cost information. V. Federal ❑Yes ❑No Percentage VI. Award Number ❑Yes ❑No VII. Location ❑Yes ❑ No VIII. Use and ❑Yes ❑ No Condition Page 179 ATO City of Rosemead CALI_YPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs IX. Disposition ❑Yes ❑ No Action X. Vested Title ❑Yes ❑ No Xl. Useful Life ❑Yes ❑ No Document#3:Listing of real property, Finding and Corrective Comments equipment,and vehicles removed from transit action service(if applicable) 3. Does the subrecipient ❑Yes ❑ No Inadequate equipment have a listing of real records property,equipment, Subrecipient must prepare a and vehicles removed record of all FTA funded from transit service equipment and rolling stock removed from service a. If Yes:Did the ❑Yes ❑ No OCTA not informed and subrecipient notify OCTA concurrence not received when property was Direct subrecipient to removed from the service inform OCTA of real originally intended? propertythat has been b. Was OCTA concurrence ❑Yes ❑ No removed from service of disposition method without OCTA approval and received prior to disposing of property? to submit procedures for notifying OCTA when FTA funded real property has been removed from service. c. Was OCTA reimbursed for ❑Yes ❑ No OCTA not reimbursed its share of disposition Direct the subrecipient to proceeds(if applicable)? submit to procedures for (see The Common Rule(49 obtaining OCTA approval for CFR Part 18), Master the method of disposition of Agreement,and FTA Circular 5010.1D for detail) FTA funded real property. Document#4:Evidence of most recent Finding and Corrective Comments inventory and inventory reconciliation(if action applicable) 4. Does the Subrecipient ❑Yes o No No evidence of physical have evidence of most inventory recent inventory Subrecipient must complete reconciliation and document a formal inventory of all equipment, parts,and rolling stock Page 180 City of Rosemead CALYPT1JS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs a. If Yes:Was the most ❑Yes ❑No Physical inventory not recent inventory maintained conducted within the Direct the subrecipient to previous two years? submit evidence that it has b. Were the equipment ❑Yes ❑No conducted a physical records updated after the inventory and that the inventory was inventory results have been completed? reconciled to equipment records and procedures for conducting a biennial physical inventory. Document#5:Excess real property inventory/ Finding and Corrective Comments utilization plan(if applicable) action 5. Does the subrecipient ❑Yes ❑ No Lacking excess real property have an excess real utilization inventory/plan property inventory/ out of date utilization plan Subrecipient must develop a written plan for disposing of excess real property. a. If Yes:Does the plan ❑Yes ❑ No Excess real property not identify and explain the sufficient reason for the excess Direct the subrecipient to property? submit a written excess real b. Does the plan identify the ❑Yes ❑No property utilization plan or current use of the update the existing plan. property and anticipated or proposed disposition action? Document#6:Bus Fleet Contingency Plan(if Finding and Corrective Comments applicable) action 6. Does the subrecipient ❑Yes ❑ No Lacking contingency plan have a Bus Fleet Subrecipient must develop a Contingency Plan (if contingency plan which applicable) includes all assets currently in the contingencyfleet a. If Yes:Are buses in the ❑Yes ❑No Contingency fleet plan contingencyfleet insufficient properly stored, Direct the subrecipient to maintained,and submit a plan for its identified in the contingency fleet. contingency plan? Page 181 City of Rosemead CALYPTTJS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs b. Does the plan identify the ❑Yes ❑ No contingency vehicles, storage location(s) and maintenance activities? Document#7:Documentation of peak vehicle Finding and Corrective Comments requirements forfixed route service(if action applicable) 7. Does the subrecipient ❑Yes ❑ No Bus spare ratio have documentation of Subrecipient must develop peak vehicle data on current fleet size requirements for fixed and number of vehicles route service(if required for peak service applicable) a. If Yes:Does the ❑Yes ❑ No Bus spare ratio calculation include the Direct the subrecipient to total number of revenue submit a plan for reducing vehicles? the spare ratio. b. Does the plan identify the ❑Yes ❑ No number of vehicles needed for peak service? c. Does the spare ratio ❑Yes ❑No seem reasonable given the total number of vehicles? Page 182 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs Planning/Program of Projects Applicability: All subrecipients If option in red&underlined,see finding and corrective action Document#1:Evidence of Participation in Finding and Corrective action Comments Coordinated Planning Process(5310) 1. Does the subrecipient ❑Yes ❑No 5310 coordinated have evidence of transportation plan Participation in participation lacking Coordinated Planning Process(5310) Subrecipient must provide evidence of participation in the coordinated planning process. Document#2:MPO's public participation Finding and Corrective action Comments plan procedures(if applicable) 2. Does the subrecipient ❑Yes ❑ No Elements missing in POP public have MPO's public participation procedures participation plan procedures(if applicable) Subrecipient must provide public participation procedures from the MPO which state that the M PO's public participation process is used to satisfy the subrecipient's and/or OCTA's public participation process for the POP. a. If Yes:Does the MPO's o Yes ❑ No Elements missing in POP public public participation plan participation procedures state that the M PO's public participation Direct the subrecipient to process is used to satisfy work with the M PO and OCTA the subrecipient's and/or to include the required OCTA's public participation process for language. the POP? Document#3:Public notice of the POP Finding and Corrective action Comments 3. Does the subrecipient ❑Yes ❑ No POP public notice deficiencies have a Public notice of the POP Subrecipient must provide Page 183 City of Rosemead CALYPT1S RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs evidence that the POP was publicized by either the subrecipient,OCTA or the MPO If subrecipient is relying on the MPO's public POP public notice deficiencies participation plan: a. Does the M PO's public ❑Yes ❑ No Direct the subrecipient to notice of the TIP have an work with the MPO and OCTA explicit statement that to include the required public notice of public language. involvement activities and time established for public review and comments on the TIP will satisfy the POP requirements? If subrecipient is responsible for publishing POP public notice deficiencies the POP: a. Was the public notice of o Yes ❑ No Direct the subrecipient to the POP published in an ensure that a public notice of appropriate local the POP is generated that publication? meets the FTA requirements b. Does the public notice o Yes o No provide sufficient detail? c. Does the public notice ❑Yes ❑ No offer an opportunity for a public hearing? d. Hasthe subrecipient ❑Yes ❑ No communicated to significant populations of non-English speaking individuals (if applicable?) e. Does the public notice o Yes ❑ No contain a statement that the proposed program will be the final program unless amended and a final notice is not published? • Page 184 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs Public Comment Applicability:All subrecipients operating fixed route service If option is red&underlined,see finding and corrective action Document#1:Description of proceduresfor Finding and Corrective Comments public comment on fare increases and major action service reductions 1. Does the subrecipient ❑Yes ❑No Deficiencies in public have a description of comment process as defined procedures for public comment on fare Subrecipient must submit a increases and major written policy for soliciting service reductions and considering public comments prior to a fare increase or major service reduction that addresses fare increases,defines a major service reduction, describes how public comment will be solicited, and specifies how comments will be considered. Document#2:Documentation from fare Finding and Corrective Comments increases and major service reductions action implemented since last review 2. Does the subrecipient ❑Yes ❑ No Public comments not have documentation considered accurately from fare increases and major service reductions Subrecipient must submit implemented since last amended procedures that review incorporate consideration and documentation of public comment. Page 185 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs Half Fare Applicability:All subrecipients operating fixed route service If option is red& underlined,see finding and corrective action Document#1:Fare structure description Finding and Corrective Comments action 1. Does the subrecipient ❑Yes ❑ No Fares more than one half of have a fare structure fixed route fares description that shows half fare Subrecipient must provide a plan and schedule for correcting its half fare program. Document#2:Half fare program description Finding and Corrective Comments action 2. Does the subrecipient o Yes o No Half faresnot extended to have a half fare program all required services description? Subrecipient must provide a plan and schedule for correcting its half fare program. Document#3:Half fare public information Finding and Corrective Comments action 3. Does the subrecipient ❑Yes ❑ No Half fare have evidence of public program/procedures information regarding deficient half fares Subrecipient must submit information on its half fare program that will be disseminated/available to the public. Document#4:Half fare ID application Finding and Corrective Comments action Page 186 APO City of Rosemead CALYPT1S RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs 4. Does the subrecipient ❑Yes ❑ No Half fare procedures have information deficient regarding required ID, including Subrecipient must submit a - Any need for a plan for making passengers special identification aware of any need for a card (if required) - That Medicare card is special identification card accepted as proof of and enabling identification eligibility cards to be easily obtained. The subrecipient also must submit documentation that it acceptsa Medicare card as proof of eligibilityfor the half fare program if it does not already accept it. Page 187 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs Charter Bus Applicability: All subrecipients operating Charter Services If option is red&underlined,see finding and corrective action Document#1:Quarterly reportsto OCTA or Finding and Corrective Comments FTA action 1. Does the subrecipient ❑Yes ❑ No have the Quarterly Charter Reporting Issues reports submitted?Note: Subrecipient must submit If the subrecipient is also delinquent reports and a direct recipient,these develop a procedure for should be submitted to ensuring reports are FTA. Otherwise these should be submitted to submitted on time OCTA a. If Yes:Do the reports ❑Yes ❑ No indicate the subrecipient Charter service is violating is operating charter FTA regulation service in violation of one or more allowed charter Direct subrecipient to stop exceptions?(see below providing the unallowable table) charter service immediately. Charter Service Exceptions Reg asarod AO�adard • t'auanndy . °'Chat4ar '` 2aapg � Reporting g •`� 1, Government Officials 1 No I Yes ( Yes 1 Nona Evidence that 01100 recohal funding,dreary or ina;recily,tram the 2. throbbed Human programs listed in Serene Orgeniahort No Yes Yes Appendix A of the manor (01000) regulation or was registered at bast g0 days before tho data of dm first request Evidence that registered charter prowler has 3. Lansing of Equipment exhausted al of the e end Driver Na Yes Yes ilable vehitles of rot registered chaeer g.grarsc the ice area s geographic neaten area 4. No Response by Registered Chaster Yes Yes Yes 1 None Provider i Properly executed 5. Agreement wets All agreementswith ad Charter Providers No No Na registered Charter prowlers in grantee's geographic seNico area Grantee must demonstrate how it contacted registered Charter providers and how the grantee wit use the 8. Petition to the registered charter Admlrestratm Yes No No providers in pmvidaig sone.to the event. Grantee must also eertity that l has exhausted available registered charter providers'vohdes n the ase. Page 188 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs School Bus Applicability:All subrecipients operating School Bus services If option is red&underlined,see finding and corrective action Document#1:Bus schedules showing tripper Finding and Corrective Comments routes as part of regularly scheduled routes action 1. Does the subrecipient ❑Yes ❑No No finding have Bus schedules showing tripper routes as part of regularly scheduled routes a. If Yes:Does the service ❑Yes ❑ No meet the criteria for School Bus violating FTA being open to all riders, regulation not serving only schools, and promoted to the Direct subrecipient to cease general public? operating unallowable service immediately. Page 189 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs Drug-Free Workplace/Drug and Alcohol Program Applicability: All FTA subrecipients with safety sensitive employees If option is red&underlined,see finding and corrective action Document#1:Drug-free workplace policy Finding&Corrective action Comments 1. Does the subrecipient ❑Yes ❑ No No written DFWA policy have a Drug-free workplace policy Subrecipient must submit a written policy that includes all required elements along with documentation that the amended policy has been distributed to all award-related employees. If yes:Does the subrecipient's drug free DFWA policy does not workplace policy that states the following include all the required elements: elements a. The unlawful ❑Yes ❑ No manufacture, Subrecipient mustsubmita distribution,dispensing, written policy that includes possession, or use of a all required elements along controlled substance in with documentation that the workplace is strictly the amended policy has prohibited been distributed to all b. Employees must abide by ❑Yes ❑No award-related employees. the terms of the policy statement as a condition of employment c. if convicted of a drug ❑Yes ❑ No statute violation that occurred in the workplace,employees are to report it to the employer in writing no later than five calendar days after such a conviction Document#2:Drug and alcohol testing policy Finding&Corrective action Comments Page l 90 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs 2. Does the subrecipient ❑Yes o No Drug and alcohol policy have a drug and alcohol lacking required elements testing policy Subrecipient must submit an amended policy that has been adopted by the governing board or other "final authority,"and re- communicated to all affected employees. a. Does subrecipient's drug and alcohol testing policy include the following elements: Comments Corrective Action:Subrecipient must submit an amended policy that has been adopted by the governing board or other"final authority,"and re- communicated to all affected employees. i. Proof of policy adoption by the appropriate ❑Yes ❑ No governing body or other"final authority"with effective date indicated II. Identity of the person,office, or position designated ❑Yes ❑ No by the employer to answer questions about the anti-drug and alcohol misuse program Ill. Categories of employees who are subject to testing ❑Yes ❑ No IV. Prohibited behavior,including when the regulations ❑Yes ❑ No prohibit the use of alcohol and drugs V. Testing circumstances for drugs and alcohol (i.e., o Yes ❑ No pre-employment,random, post-accident, reasonable suspicion, return-to-duty(only for employers with a second-chance policy), and follow- up testing(only for employers with a second-chance policy)) VI. Drug and alcohol testing procedures consistent with o Yes ❑ No 49 CFR Part 40,as amended VII. Requirement that covered employees submit to ❑Yes ❑ No drug and alcohol testing administered in accordance with FTA regulations VIII. Check all (a)through(I)that are included) ❑Yes ❑ No Description of the behavior and circumstancesthat constitute a refusal to take a drug and/or alcohol test and a statement that a refusal constitutes a verified positive test result.The following describes Page 91 City of Rosemead CALYPTTJS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs refusals under the DOT program: (a) Fail to appearfor anytest(except a pre-employment test)within a reasonable time,as determined by the employer after being directed to do so by the employer (b) Fail to remain at the testing site until the testing process is complete (an employee who leaves the testing site before the testing process commences for a pre-employment test is not deemed to have refused to test) (c) Fail to provide a urine specimen for any drug test or an adequate amount of saliva or breath for any alcohol test required by this part or DOT agency regulations (d) Fail to provide a sufficient amount of urine or breath specimen when directed,and it has been determined, through a required medical evaluation,that there was no adequate medical explanation for the failure (e) Fail or decline to take an additional drug test the employer or collector has directed to be taken (f) Fail to undergo a medical examination or evaluation,as directed by the MRO or employer as part of the drug test verification process, or employer as part of the insufficient breath procedures. In the case of a pre-employment drug test,the employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment. If there was no contingent offer of employment,the MRO will cancel the test. (g) Fail to sign the certification at Step 2 of the alcohol testing form (h) Fail to cooperate with any part of the testing process (e.g., refuse to empty pockets when directed by the collector,behave in a confrontational waythat disrupts the collection process, fail to wash hands after being directed to do so by the collector) (i) In the case of a directly observed or monitored collection in a drug test,fail to permit the observation or monitoring of the provision of a specimen (j) For an observed collection,fail to follow the observer's Page 192 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs instructions to raise clothing above the waist,lower clothing and underpants,and to turn around to permit the observer to determine if there is any type of prosthetic or other device that could be used to interfere with the collection process (k) Possess or wear a prosthetic or other device that could be used to interfere with the collection process (I)Admit to the collector or MRO that the specimen was adulterated or substituted Instead of listing all the refusals,the policy may state that refusals to test are listed in 49 CFR Part 40,as amended,or 49 CFR 40.191, as amended,for drug tests and 49 CFR 40.261, as amended,for breathtests.The policy should then state that a copy of 49 CFR Part 40 is available upon request. However,if the policy lists any refusals to test,the policy must list all of them. IX. Description of the consequences for a covered ❑Yes ❑ No employee who has a verified positive drug test result or a confirmed alcohol test with an alcohol concentration of 0.04 or greater.If the system has a second chance policy, a description of the evaluation and treatment processes must be included. X. Description of the consequences for covered ❑Yes ❑ No employees found to have an alcohol concentration of 0.02 or greater but less than 0.04 Xl. Employer's policy toward retesting of negative ❑Yes ❑ No dilute urine collections as required by 49 CFR 40.197 that statesthat if the MRO informs the agencythat a negative drug test was dilute,the agency may,but is not required to,direct the employee to take another test immediately.All employees must be treated the same for this purpose. For example,the subrecipient must not retest some employees and not others.The subrecipient may retest for some types of tests(e.g., pre-employment tests) and not others.The policy should state whether or not immediate retesting for negative dilutes is required and,if required,that the second test will be the test of record. Page 193 figTO City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs Document#3:Post-accident decision form,if Finding and Corrective Comments used action 3. Does the subrecipient a Yes ❑ No Improper post-accident have a Post-accident determination decision form? Subrecipient must submit a process for making proper post-accident determinations,including procedures to document the decision-making process when appropriate. Document#4 and#5:List of supervisors and Finding and Corrective Comments other officials responsible for making action reasonable suspicion testing decisions and training records 4. Does the subrecipient ❑Yes ❑ No Reasonable suspicion have a list of supervisors training not and other officials provided/insufficient responsible for making reasonable suspicion Subrecipient must submit testing decisions? documentation that all 5. Does the subrecipient a Yes ❑ No supervisors and other have training records of supervisors and other officials who make officials responsible for reasonable suspicion making reasonable determinations have suspicion testing received the required decisions training and procedures for ensuring training is provided before individuals are allowed to make reasonable suspicion testing decisions. Document#6:Form requesting drug and Finding and Corrective Comments alcohol testing history of applicants action Page 194 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs 6. Does the subrecipient ❑Yes ❑No Deficienciesin processof have a form requesting checking previous drug and drug and alcohol testing alcohol testing records history of applicants Subrecipient must submit a process for ensuring that the previous drug and alcohol testing records of first-time safety sensitive employees are reviewed. Document#7:MIS reports for past two years Finding and Corrective Comments for subrecipient and sample of contractors action 7. Does the subrecipient ❑Yes ❑ No Random testing rate below have MIS reports for past required level three years for subrecipient and sample Subrecipient must submit a of contractors plan to bring the random a. Is the random test rate ❑Yes ❑ No testing rate to the required below the required level? level. Annual rates:25%for drugs. 10%for alcohol On Site Visit Document Review Document#1:Accident files and reports Finding and Corrective Comments action 1. Is there evidence of post- ❑Yes ❑No No evidence of testing after accident testing(if accidents a pplica ble) Subrecipient must submit a process for making proper post-accident determinations,including procedures to ensure post- accident testing Document#2:Monitoring certifications of Finding and Corrective Comments substance abuse professionals,breath alcohol action technicians and medical review officers Page 195 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs 2. Monitoring Certifications ❑Yes ❑ No Drug and/or alcohol dated within three years: program vendors not substance a buse properly monitored professionals a. Certifications dated Subrecipient must submit within five years: evidence of certifications. Breath alcohol technicians, collectors,and medical review officers Page 196 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs Transit Asset Management Applicability: All Subrecipients that have opted out of the Group Plan or are Tier 1 providers. If option is red&underlined,see finding and corrective action. Document 1:Subrecipient documentation Finding and Corrective Comments Action 1. Does the subrecipient ❑Yes ❑ No TAM compliance have documentation that shows compliance with TAM requirements and Ensure that the OCTA direction? subrecipient has developed a TAM plan as needed. 2. Does the subrecipient ❑Yes ❑ No TAM plan elements have a TAM plan that includes all elements and have an accountable Ensure that the TAM plan executive? includes all elements Page 197 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs Equal Employment Opportunity Subrecipients with 50 or more transit related employees and either a)requests or received in excess of$1M in capital and/or operating assistance or requests or b)receives in excess of$250K in planning assistance. Agencies with employees between 50-99 employees must submit abbreviated plans. All plans are valid for 3 4 years. If option is red&underlined,see finding and corrective action Document#1:EEO Program Submitted and Finding&Corrective Comments Approved by OCTA(if applicable) action Does the subrecipient have an o Yes ❑No EEO program not EEO Program Submitted and submitted or expired Approved by OCTA?Does the abbreviated EEO program include Subrecipient must the required elements? develop a EEO program 1. Statement of Policy that: that meetsthe FTA • Expresses a commitment that requirements all employment actions will be administered without regard to race,color,religion, national origin,sex(including gender identity,sexual orientation,and pregnancy), age,genetic information, disability,veteran status,or other protected class • Commits to developing a written nondiscrimination program to which the agency is committed,and which is available for inspection upon request • Explains that the responsibility for implementing the EEO program is assigned to an agency executive who reports directly to the Chief Executive Officer(CEO)/General Manager(GM) • States that applicants and employees have the right to file complaints alleging discrimination • States that retaliation is strictly prohibited and will not be tolerated Page 198 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs • States the commitment to provide reasonable accommodations to applicants and employees • States that all management and supervisory personnel share in this responsibility and are assigned specific tasks to ensure and achieve compliance • States that the agency evaluates the performance of managers,supervisors,and others based on the success of the EEO program in the same manner that the agency evaluates their performance in other agency programs 2. Policy Dissemination Plan 3. Designation of Personnel Responsibility 4. Assessment of Employment Practices 5. Monitoring and Reporting Plan 6. Contractor monitoring Document#2:Job description for EEO Officer Finding&Corrective action Comments 2. Does the subrecipient o Yes ❑ No Inadequate designation of have a job description for EEO Officer EEO Officer? Subrecipient must designate an EEO officer and ensure EEO officer has a clear reporting relationship to the CEO. b. Does the EEO officer have o Yes ❑ No Inadequate designation of a clear reporting EEO Officer relationship to the CEO? Page j 99 e,® .-, City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs c. Is the EEO officer ❑Yes ❑ No. Direct subrecipient to responsible for change the EEO officer processing EEO reporting relationship and complaints? job description as needed Document#3:Workforce utilization analysis Finding&Corrective action Comments 3. Does the subrecipient ❑Yes ❑ No EEO utilization analysis have workforce deficiency utilization analysis? Subrecipient must complete a workforce utilization analysis and develop procedures to ensure analysis is submitted on time annually b. If yes:Does the analysis ❑Yes ❑No EEO utilization analysis include a justification for deficiency why prior EEO goals were not met(if applicable)? Direct subrecipient to revise the workforce utilization analysis as needed Document#4:Employment practice analysis Finding&Corrective action Comments 4. Does the subrecipient ❑Yes ❑No Employment practice have employment analysis deficiencies practice analysis? Subrecipient must develop a narrative description and statistical analysis of its employment practices a. If Yes:Does the analysis ❑Yes ❑ No Employment practice contain a narrative analysis deficiencies description of the subrecipient's Direct subrecipient to revise employment practices? the employment practice b. Does the analysis contain ❑Yes ❑No analysis as needed a statistical analysis of employment practices? Document#5:EEO management reports Finding&Corrective action Comments Page 1100 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs 5. Does the subrecipient ❑Yes ❑ No EEO monitoring/reporting have EEO management system deficiencies reports? Subrecipient must develop documentation of what is being monitored and reported to management On Site Documentation Review Document#6:EEO complaints Finding and Corrective Comments action 6. Has the subrecipient o Yes ❑No EEO complaints not resolved taken action to investigate and resolve Direct subrecipient to the complaints? investigate and resolve any outstanding EEO complaints. • Page 101 cadrOwl City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs g. Su bred pient Monitoring Virtual Review Procurement Checklist • Micro-purchase threshold$3,000 • Small purchase threshold, as outlined in subrecipient procurement manual. For FTA procurements this may range from $3,000 to$100,000 • RFP or IFB threshold.Anything above small purchase. • Sole source procurement—only if other awards are infeasible Contract: Contract Value: REQUIREMENT FTA C 4220.1F ND D Comments REFERENCES The subrecipient has written selection procedures and the Selection solicitation also identifies all Procedures requirements that offerors must Ch.III, fulfill and all other factors to be §3d(1)(c) used in evaluating bids or proposals. All procurements over small purchase threshold The subrecipient made and Independent Cost documented an independent cost Estimate estimate before receipt of Ch.VI,§6 proposals. All procurements over micro-purchase threshold Either a cost analysis,with associated profit negotiation,or a price analysis was performed and documented in the procurement file with respect to the initial contract award.Also cost analysis was performed when negotiating Cost/Price contract modifications unless Analysis price reasonableness was Ch.VI, §6 established on the basis of a catalog or market price of a commercial product sold in substantial quantities to the general public or on the basis of prices set by law or regulation. All procurements over micro- purchase threshold Page 1102 rag City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs Contract: Contract Value: REQUIREMENT FTA C 4220.1E ND D Comments REFERENCES • The subrecipient made a determination that it was awarding to a responsible contractor considering such Responsibility matters as contractor integrity, Determination compliance with public policy, record of past performance,and Ch.VI, §8.6 financial and technical resources. This is done through evidence of a SAM check www.sam.gov.All procurements over a small purchase threshold. The contract file contains documentation that award of a contract was infeasible under small purchase procedures, sealed bids,or competitive proposals and at least one of the following circumstances applies: (1)The item was available only from a single source. (2) Public exigency for the Justification for requirement did not permit a Noncompetitive delay resulting from a ch VI, Awards competitive solicitation. §3.i(1)(b) (3)An emergency for the requirement did not permit a delay resulting from a competitive solicitation. (4)The FTA authorized noncompetitive negotiations. (5)Competition was determined inadequate after solicitation ofa number of sources. For sole source procurements (above micro-purchase threshold) No excessive No unreasonable requirements bonding are placed on firms in order for Ch.VI, requirements them to qualify to do business. §2.h(1)(f) Above small purchase threshold The solicitation does not contain No exclusionary unreasonable requirements specifications placed on firms in order for them Ch.VI, §2.a(4) to qualify to do business.Above micro-purchase threshold Page 1103 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs Contract: Contract Value: REQUIREMENT FTA C 4220.1E ND D Comments REFERENCES Except when procuring A&E services,no in-State or local geographical preferences are No geographic allowed in the evaluation of bids preferences or proposals unless Federal Ch.VI, statutes expressly mandate or §2.o(4)(g) encourage geographic preference. Above micro- purchase threshold The option quantities or periods contained in the contractor's bid or offer were evaluated in order to determine contract award.(To be eligible for Federal funding, Evaluation of options must be evaluated as Options part of the price evaluation of Ch.VI,§7.b offers, or must be treated as sole source awards.) If the contract does not contain options,state NA.Above micro-purchase threshold The subrecipient exercised an option on this contract adhering to the terms and conditions of the option stated in the contract and determined that the option price was better than prices Exercise of available in the market or that Options the option was a more Ch.V,§7.a advantageous offer at the time the option was exercised.If an option was not exercised under this contract,state NA. For procurements above micro- purchase level Lobbying For procurements>$100,000 Certifications Signed by §3.d(1) Contractors Page 1104 City of Rosemead CALYPTTJS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs Contract: Contract Value: REQUIREMENT FTA C 4220.1E ND D Comments REFERENCES Buy America Procurements of steel,iron or Provisions in manufactured products> Solicitation or $100,000 Ch VI§16.a Contract If this is a time and materials contract;the subrecipient determined that no other type of Time and contract is suitable;and the Ch VI, Materials Type contract specifies a ceiling price. §2.c.(2)(b) If this is nota time and materials Contract contract,check NA. Procurements above micro- purchase threshold This solicitation did not contain Qualifications unreasonable requirements Ch VI,2.a.(4) Based placed on firms in order for them (a) Procurement to qualify to do business. Requirements Procurements above micro- purchase threshold This contract contains liquidated damages provisions and the assessment for damages is specified in the contract at a Liquidated specific rate per day for each day Ch Iv, Damages Clause of overrun in contract time.If this 2.b.(6)(b)1) contract does not contain liquidated damages provisions, check NA. Procurements above micro-purchase threshold The subrecipient amended this contract outside the scope of the original contract.The amendment was treated as a sole source procurement(complying with the FTA requirements fora Change Order justification,cost analysis and Documentation profit negotiation). Ifthe contract was not modified or if all reviewed modifications were within the scope of the contract, check Not Applicable. All procurements above the micro- purchase threshold Page 1105 (440 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs Contract: Contract Value: REQUIREMENT FTA C 4220.1E ND D Comments REFERENCES This contract contains the appropriate FTA required clauses (see separate summary sheet on following page). Above micro- purchase threshold The Master Agreement should be used to determine the Contract Clauses applicability ofthe clauses to the procurement type.FTAC 4220.1F,Appendix D,and The Best Practices Procurement Manual,Appendix Al,can be used to determine the applicability of the specific language of a clause that a grantee may use. Page 1106 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs ATTACHMENT B: Example Sub recipient Monitoring Checklist We will use various checklists to govern our work.This checklist is an example of one that we may use: Page 1107 CDFA SUBRECIPIENT MONITORING CHECKLIST A subrecipient is an agency or organization working for the grantee,having administrative or other responsibilities for the Community Development Block Grant. The municipality,as a recipient of federal funds,is ultimately responsible for the Subrecipient's performance and compliance with federal and state regulations and requirements. As a consequence,the municipality must monitor the activities of the subrecipient. Name of Subrecipient(s): YES NO N/A Is there a written Subrecipient Agreement of understanding with each operating agency? Date of Contract: 12/23/2013 Does the grantee have a system (regular procedure)for amending Agreements? If no, explain Subrecipient Agreement(continued) YES NO N/A Does the Subrecipient Agreement contain a description of the types and amount of work or products in sufficient detail to permit effective monitoring by the grantee? If no, explain: Does the Subrecipient Agreement specify a deadline for each major service or product identified in the Statement of Work? If no, explain: Does the Subrecipient Agreement specify projected costs in sufficient detail to provide a basis for comparing budgeted costs with actual costs of work? If no, explain: Is the documentation required for payment of expenses sufficient to ensure that: a. The payments are made only for eligible expenses? b. Expenses are reasonable in relation to actual performance? c. The funds requested are not in excess of immediate needs? If no, explain: Is any special documentation (required by the Subrecipient Agreement) maintained by the subrecipient for particular activities (i.e. "appropriate" determinations)? If no, explain. If program income is retained by the subrecipient, what provisions are made to ensure that it is used in accordance with CDBG rules? SUBRECIPIENT MONITORING (continued) Subrecipient Management and Training System Explain the grantee's management system for subrecipient oversight: What efforts are being made to assure the Subrecipient's understanding of applicable CDBG program requirements? a. What technical assistance/training has been provided during the year? Trainees Topic Date b. What resource materials (regulations, OMB Circulars, etc.) did the grantee provide? How does the grantee ensure that the subrecipient(s) maintain adequate records to comply with program requirements, including record retention? Subrecipient's Internal Controls How does the grantee assure that the Subrecipient's financial management systems are kept in accordance with Subpart C.20- .29 of OMB Circular A-110 (disclosure of financial results; sources and uses of funds; control of funds; property and other assets; comparison of actual with budgeted outlays; cash management; procedures for determining reasonableness, allowability and allocability of costs; figures supported with source documentation; examination with audits by qualified individuals and resolution of audit results)? YES NO N/A Does the grantee ensure that subrecipient employees working on CDBG and non-CDBG activities keep appropriate time distribution records? SUBRECIPIENT MONITORING (continued) Subrecipient's Internal Controls (continued) How does the grantee ensure compliance with procurement and/or subcontracting requirements of Subpart C.40-.48 of OMB Circular A-110 YES NO N/A Does grantee require audit reports (as required under OMB Circulars A-128 and A- 133)? Who reviews the audit, and how do they follow up on irregularities? What process does the grantee use to review subrecipients for evidence of conflicts of interest involving grantee and subrecipient or subrecipient and its contractors? What procedures does the subrecipient use to identify CDBG property and assets such as property records (Subpart C.30- .37 of OMB Circular A-110)? What procedures does subrecipient use to ensure adequate safeguards for preventing loss, damage, or theft of subrecipient-held property? Who is responsible for the following: a. Approving/signing invoices? b. Writing checks? c. Bookkeeping? What is the process for paying project invoices? SUBRECIPIENT MONITORING (continued) Subrecipient's Internal Controls(continued) Based on the receipt of CDBG funds issued in response to payment requests sampled, how many days does it take to disburse CDBG funds? Date Check Received by Date Funds Disbursed by Total Check# Grantee Grantee Days YES NO N/A Based on information collected in the previous question, were CDBG funds disbursed as close as administratively feasible to the time they were received? Describe any special procedures the grantee uses to minimize the time elapsing between the receipt of CDBG funds from CDFA and the disbursement of these funds: Are CDBG payments from CDFA deposited in an interest bearing account? If yes, have provisions been made for returning interest earned on the deposit of CDBG funds to CDFA? Reporting on Grant Are regular progress and financial reports reviewed? If yes, how often? What report mechanism is used to obtain information necessary for the Semi-Annual Progress Reports submitted to CDFA? Is the content of the written reports clearly specified; information required is sufficient to assess the Subrecipient's performance against specifications in Statement of Work? If no, explain. Does the grantee verify the data and actual beneficiaries reported by the subrecipient? If no, explain. SUBRECIPIENT MONITORING (continued) On-Site Monitoring by the Grantee How often does the grantee monitor its subrecipient(s) on site? Do monitoring reports document areas monitored, conclusions reached, and necessary corrective actions? If no, explain. Are sufficient time to respond given to subrecipients? If no, explain. Are monitoring results communicated on a timely basis to subrecipients? If no, explain. 1. Do results include expected corrective actions and dates for resolutions? If no, explain. 2. What are the grantee's internal procedures for ensuring quality of monitoring efforts, including documentation, indented actions, and follow-through on intended actions. SUBRECIPIENT MONITORING (continued) Program Income Monitoring How does the grantee keep track of subrecipient-generated program income and ensure accurate reporting? YES NO N/A Does the grantee check to determine if the subrecipient has established revenue accounts to record program income? If no, explain. SUBRECIPIENT MONITORING (continued) Summary&Conclusions YES NO N/A Based on the evidence available, does it appear that the grantee has an adequate system to review the performance of subrecipients? Based on the evidence available, does it appear that the subrecipients are in compliance with Section 504 and ADA? COMMENTS For any issues identified during the review, provide clarification as necessary and specify corrective actions the grantee must take to resolve the issues. Describe the nature of any technical assistance provided during the review. Also describe any necessary follow-up actions that should be provided by CDFA staff. 4 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs ATTACHMENT C: Complete List of DOT Compliance Reviews Conducted 2013-2019 The tables below list the FTA Triennial Reviews and Civil Rights Compliance Reviews. Region 1 includes the New England area,including Massachusetts. 2013—Regions4,7,9, 10 2014—Region4 • City of Lewiston • City of Terre Haute • City of Pocatello • RTA Chicago • Targhee Regional PublicTransportation Authority • Washington County Transit • Metropolitan Transit Authority of Black Hawk County • City of Anderson • University of Northern Iowa • City of Kokomo • Topeka Metropolitan Transit Authority • TransitAuthority of Northern Kentucky(TANK) • City of Lincoln • Clermont CountyTransit(CTC) • City of Sioux City • City of Sheboygan • Golden Empire Transit District Bakersfield CA • City of Chippewa Falls • Kings County Area Public Transit Agency • North Indiana Commuter Transport • San Joaquin Regional Transit District • Northwest Indiana Regional Planning • Southern California Regional Rail Authority Commission • Escambia County Board of Commissioners • Michigan City Transit • . City of Tallahassee-Taltran • Bay Metro TransitAuthority • City of Greensboro • Michigan Area Council of Governments • Piedmont Authority For Regional Transportation(PART) (Michiana) • City of Montgomery-Montgomery Area Transit System • City of Waukesha Metro • City of Gadsden • City of Hartford • City ofJacksonville • Indianapolis PublicTransit(IndyGo) • Franklin TransitAuthority/City of Franklin • River Valley Metro • Jackson TransitAuthority • County of Lorrain • Memphis Area Transit Authority • City ofDekalb • Martin County Board Of County Commissioners • Miami County Transit • Indian River County Board of County Commissioners • Laketran • Goldsboro/Wayne Transportation Authority • City of Springfield • City of High Point • Portage Area Regional Transportation Authority • City of Greenville • Steel Valley RTA • City of Winston-Salem • Gary Public Transportation Corp • City of Rock Hill • Allen County RTA • Birmingham-Jefferson County TransitAuthority • Twin Cities Area Transportation Authority • Tuscaloosa County ParkingAnd TransitAuthority • Butler County RTA • City of Asheville • City of Middletown • Western Piedmont RegionalTransitAuthority • City of Newark • Metropolitan Transit Authority Nashville • Danville Mass Transit • Nashville Regional TransportationAuthority • Licking CountyTransit • Kalamazoo Metro Transit • City of Niles • City of Beloit • Richland County Transit Board • Janesville Transit System Page 1112 4170 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CD BG Programs 2015—Regions 1,3,9 2016—Region 1,9, 10 • Golden Gate Bridge, Highway, and Transportation • City of Stamford District • Greater BridgeportTransit Authority • City of Santa Rosa • Greater New HavenTransit District • Eastern Contra Costa Transit Authority • Norwalk Transit District • Livermore-AmadorValley TransitAuthority • Valley Council of Governments • Central Contra Costa TransitAuthority • Lowell Regional Transit Authority • Western Contra Costa TransitAuthority • MerrimackValley Regional Transit Authority • City of Visalia • Southeastern Regional TransitAuthority • City of Madera • Biddeford-Saco-Old Orchard Beach • Placer County,Department of PublicWorks • City of Bangor • Yuba-Sutter TransitAuthority • Greater Portland Transit District • Sacramento Regional Transit District • City of Nashua • Yolo County Transportation District • ManchesterTransitAuthority • Redding Area Bus Authority • Butte County • San Diego Association of Governments(SANDAG) • City of Elk Grove • City of Fresno • City of Fairfield • County of Lebanon TransitAuthority • City of Gardena • Cumberland-Dauphin TransitAuthority • City of Montebello • City of Winchester • City of Redondo Beach • City of Charlottesville • City of Roseville • City of Harrisonburg • Gold Coast Transit • Beaver County Transit Authority(BCTA) • Imperial County Transportation Commission • Southwestern Pennsylvania Commission • Long Beach PublicTransportation Company • Hazelton Public Transit • Monterey-Salinas Transit • Lehigh&NorthamptonTransportation Authority • Municipal Transportation Agency • Erie Metropolitan TransitAuthority • Napa County Transportation Planning Agency • Cambria County TransitAuthority • Omnitrans • River Valley Transit(Formally Williamsport Bureau of • Peninsula CorridorJoint Powers Board Transportation) • RiversideTransitAuthority • Greater LynchburgTransitAuthority • San Mateo County Transit District • Eastern Panhandle Transit Authority • Santa Cruz Metro Transit District • Tri-State TransitAuthority • Sunline Transit Authority • Monongalia County Urban MTA(Mountain Line) • Ventura County Transportation Commission • City of Weirton(Weirton Transit Corporation) • Alaska Railroad Corporation • Brockton Area Transit Authority(BAT) • Fairbanks North Star Borough • Worcester Regional TransitAuthority • Municipality of Anchorage • Cape Cod Regional TransitAuthority • Josephine County(Grants Pass) • Montachusett Regional Transit Authority • Ben Franklin Transit • PioneerValley Transit Authority • Central Puget Sound Regional TransitAuthority • Northern New England Passenger Rail Authority (Sound Transit) • Greater Attleboro-Taunton • Puget Sound Regional Council • Chittenden County Transit Authority • City of Yakima Page j 113 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs 2017—Regions 3,4 • Washington Metropolitan Area Transit Authority • Central Pennsylvania Transportation Authority • Centre Area Transportation Authority • County of Fayette • Mid-Mon Valley Transit Authority • City of Sharon • City of Washington • Westmoreland County Transit Authority • Town of Blacksburg • City of Fredericksburg • Greater Roanoke Transit Company • Potomac and Rappahannock Transportation Commission • City of Richmond • Williamsburg Area TransitAuthority • Eastern Ohio/Ohio Valley Regional Transportation Authority • Mid-Ohio Valley Transit Authority • Bay County Transportation Planning Organization • City of Gainesville • Lake County Board of County Commissioners • Lee County Transit • Palm Beach County Board of Commissioners(Pam Beach CountyTransit Authority) • Paso County Board of CountyCommissioners • Atlanta Regional Commission • Gwinnett County Board of Commissioners • Transit Authority of Lexington-Fayette Urban County Government • City of Hattiesburg • City ofJackson • Cape Fear Public Transportation Authority • Town of Cary • Town of Chapel Hill • City of Concord • City of Durham • City of Fayetteville • Central midlands Council of Governments • Charleston Area Regional Transportation Authority • Waccamaw Regional Transportation Authority(CRPTA) • City of Spartanburg • Spartanburg County Government • City of Bristol,Tennessee • City of Clarksville,ClarksvilleTransit Systems • City ofJohnson City • City of Murfreesboro • City of Bristol,Virginia Page 1114 tCity of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs 2018—Regions 1,3,4,5,6,7,8 2019—Region 6 • Massachusetts Bay Transportation Authority • Arkansas Department of Transportation • Pennsylvania AlleghenyCounty • Alexandria,LA • City of Charlotte • Lake Charles,LA • Greater Peoria Mass Transit • Monroe,LA • South Bend TRANSPO • Lafayette,LA • City of Detroit • ShreveportTransit Management • DetroitTransportation Co. • St.Tammany,LA • Livingston County • Capital Area Transit System,LA • Mass Transportation Authority,Inc. • Tangipahoa Parish,LA • City of Midland • Las Cruces,NM • RTA Southeast Michigan • Central Oklahoma • SaginawTransit Authority Regional • MetTulsa Transit Authority • Suburban Mobility Authority(SMART) • Cleveland Area Rapid Transit • Metropolitan Council of Minneapolis • Abilene,TX • Toledo Area RTA • Corpus Christi RTA • Albuquerque • El Paso,TX • Rio Metro RTA • Fort WorkTransportationAuthority • Lawton City • Galveston,TX • Beaumont • Waco,TX • Brownsville • North Central Texas Council of Governments • Conroe • Lower Rio Grande Valley Development Council. • Dallas Area Rapid Transit • Lubbock,TX • Denton County • McAllen,TX • Fort Bend County • Gulf Coast Regional Mental Health Center • Harris County • Round Rock,TX • Laredo • The WoodlandsTownship,TX • MTA Harris County • Odessa • Port Arthur • Texarkana • Cedar Rapids • Coralville • Des Moines Area RTA • Universityoflowa • Flint Hills Regional Council • City Utilities of Springfield • Kansas City Area • Grand Island • Fort Collins • Greeley,CO • East.Grand Forks City • Moorhead • Fargo • Grand Forks City Page 1115 EAsie City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs ATTACHMENT D: Sample Project(Construction) Management Procedures We have attached two(2)sample project management procedures that we have developed for clients as exa mples of best practices that will be considered for the project: a. SunLine.Transit Agency Project Management Procedures b. Orange County Transportation Authority Construction Ma nagement Manual Table of Contents Page 1116 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CD BG Programs 1. S u nline Transit Agency Project Management Procedures SunLine Transit Agency J hJ R ,d i.YS'� L..4 s� L '.i. Eh IU' ; / i 111E11' 17V PROJECT MANAGEMENT PAGE 1 OF 5 RELEASE DATE: November 24, 2009 SUPERSEDES: NONE General Manage r PROJECT MANAGEMENT 1.1. Overview These procedures are designed to provide assistance to those employees designated as Project Managers. The project management designation carries with it a number of accountabilities that are generally described in these procedures.It is incumbent upon all Project Managers to familiarize themselves with these procedures as each Project Manager is charged with their execution. With respect to compliance with these procedures,the Project Manager must be a Sunline employee. When Sunline contracts for the technical services of a Project Manager, said designation does not relieve the responsible Sunline employee of the overall responsibility for project management and compliance with these procedures. Project management is the application of knowledge, skills,tools, and techniques to a broad range of activities in order to meet the requirements of a particular project. Project management is comprised of five processes -Initiating,Planning,Executing,Controlling, and Closing-as well as nine knowledge areas. nine areas center on management expertise in Project Integration,Project Scope, Project Time,Project Cost,Project Quality,Project Human Resources,Project Communications,Project Risk Management and Project Procurement. 1.2. Project Manager Appointment Page j 117 ATO City of Rosemead C ALYPTUS RFP No. 2021-01 Consulting Group,Inc. ProfessionalServices for Administration of Home/CDBG Programs The General Manager makes appointments of Project Managers. This will be done as a part of the Capital Project Planning and can be concurrent with a specific grant application,Transit Plan update, or the Capital Planning aspect of the budgeting process. Upon appointment,the Project Manager will be directly responsible for the technical and financial administration of a project including the monitoring of any and all performance of contractors that may be required for project execution. The Project Manager also attends any pre-bid and pre-proposal conferences as the technical expert, conducts investigations of proposed contractor's technical past performance, questions prospective contractors at the interviews as to their technical capability to perform the contract, assists the Contracting Officer with contract negotiations, ascertains the availability of funds prior to asking the Contracting Officer to initiate the negotiation and approval process for change orders, contract modifications and supplemental agreements, and issues directions to correct or replace defective items of work. 1.3. Project Initiation After appointment as Project Manager and prior to initiation of a project,the Project Manager must make a presentation to all Department Heads to obtain their input and to provide coordination of all elements of the project implementation. This coordination shall include at a minimum, all of the . following: -Operational Need for Project(How Sunline will benefit from the project) -Project Budget(Planning and grant requirements as well as finance and budgeting implications) -Project Schedule(MS Project Implementation Schedule) -Project Human Resource Requirements -Project Scope(Discussion of work breakdown structure) -Project Risk Management -Project Quality Management(How quality assurance or control measures are to be implemented) -Project Integration(How project will be incorporated into Sunline operations including maintenance, safety, security, and space requirements) -Project Communications(Approvals, coordination,and Agency marketing) After coordination with the Department Heads,the Project Manager will give a presentation to the General Manager(GM)explaining the project scope,financial impact, scheduling, and monitoring efforts. This will be the formal approval to start project activities. The Project Manager will document the results of this meeting and any performance items requested by the GM shall be included in the project plan. 1.4. Project Planning Project plans shall be developed for each project. Many of the planning aspects will be covered in the MS (Microsoft)Project Schedule and identified as either tasks or milestones.The project plan may consist of the detailed project schedule as long as all tasks and milestones are monitored for completion. The Page 1118 City of Rosemead CALYPTUS REP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs planning effort shall include the following as a minimum: -Funding Requirements(Undertake all actions necessary to support the funding process including providing the Planning Department with a project description) -Timing of Funding(Provide all actions and coordination necessary to ensure that the funding is in place when the expenditures are incurred including coordination with the Finance and Planning Departments) -Regional Planning Efforts(Undertake all actions necessary to support any regional planning activities including coordination of regional plans with the Planning Department) -Task Scheduling(Task scheduling should include all necessary coordination of planning actions with the Planning Department) Sunline Budget(Undertake all necessary actions to ensure that projected project costs to be incurred in a given year are included in the fiscal year budget applicable to the expenditure) -Acquisitions Process Needs (Undertake all actions necessary to ensure that requisitions are initiated in time to support delivery requirements of the project) -Interdepartmental Coordination(Undertake all actions necessary to ensure that all affected Sunline departments are advised of the project's impacts and supportive of the project's needs) -Project Approvals(Undertake all actions necessary to ensure that Board and GM approvals are obtained as required. Coordination should also include regional plan approvals when necessary) 1.5. Project Execution Project Execution starts with a kick-off meeting involving the senior leadership team,including the GM, and any contractors involved in implementing the project. -Inclusion in approved SRTP,LRTP, or Capital Project Plan -Board approvals obtained if necessary -Purchasing Requisitions completed -Internal coordination protocols established -Project communications established -Project accounting in place -Project staffing in place -Project approval protocol in place -Project budget coordinated with the Director of Finance and Planning Page 1119 /40 City of Rosemead CALYPTUS REP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs 1.6. Project Controls Project Controls refer to managing those areas that may represent a risk to the project in terms of quality, cost, and schedule. Therefore, each Project Manager shall implement the following"""""•al,i:e a 1Els as a minimum in order to reduce the risk to project execution: -Project Cost Variance Reporting-(The Project Manager shall maintain an accounting of project expenditures to ensure that the project is proceeding within the established project budget) -Project Quality Oversight-(The Project Manager shall approve all work invoiced by all contractors supporting their assigned project and shall put in place all necessary resources to ensure that the project has the necessary level of oversight to provide the quality delivery of the project's objectives) -Project Schedule Monitoring-(The Project Manager shall manage the project schedule and inform all affected personnel, including the GM, of any project delays) 1.7. Project Close-out The Project Manager is responsible to ensure that all required certifications and approvals are obtained that are necessary for Sunline's utilization of any personal or real property assets acquired as a result of project activities. The Project Manager is also responsible for notification of the Finance and Grants Departments and compliance with their project closeout procedures. The following is a listing of typical technical considerations that are required to effectively closeout a capital project: -Certificates of Occupancy -Civil Plan approval -Environmental approvals(National Environmental Policy Act and California Environmental Quality Act) -Federal Motor Vehicle Safety Standards -As Built Drawings obtained -Punch List items closed -Specification Sheets obtained(Product Sheets for warranty and maintenance) -Warranties transferred to Sunline Page 1120 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs h. Orange County Transportation Authority, Construction Management Manual Table of Contents TABLE OF CONTENTS PAGE Section I Construction Management Team,Organization 1 and Relationships The Team The Organization and Relationships Section II Responsibility and Authority 2 The Project Manager/Resident Engineer The Construction Inspector Section III Construction Documents 5 Specifications and Drawings Content of the Specifications Standard Specifications and Standard Drawings Section IV. Construction Schedules 7 Types of Schedules Section V Meetings 8 Types of Meetings The Pre-construction Meeting Project Meetings Section VI Submittals and Materials Control 12 Submittal Procedure Construction Materials Control Section VII Records, Reports and Correspondence 14 Diaries and Telephone Logs Correspondence Weekly Statement of Calendar Days Labor Forms and Records Page 121 City of Rosemead CALYPTUS RFP No. 2021-01 Consulting Group,Inc. Professional Services for Administration of Home/CDBG Programs PAGE Test Results and Materials Reports Preliminary Notices and Stop Notices Contract Change Orders Progress Payments Submittals and Samples Requests for Information Construction Photographs Record Drawings Section VIII Contract Change Orders 19 Definition and Scope Types of Change Orders Authority to Execute Changes Change Order Form Processing Change Orders Section IX Construction Safety 23 General Responsibility Procedural Guidelines Shoring and Bracing Other Safety Requirements Section X Progress Payments 25 Progress Payment Forms Preparation and Processing Stop Notices Liquidated Damages Claims and Disputes Section XI Project Closeout 27 Acceptance of Work Clean Up Submittals Appendix Section A- Equal Opportunity and Labor Compliance Section B- Construction Activity Checklist Section C - Figures Section D - Contractual Documents Section E-Typical Construction Project Files Page 1122 ifilMF 1 -.'- %.°\ s--). CIVIC PRIDE .7 'NCoRPOHATEO l'a° Attachment C Proposal from Priscila Davila & Associates, Inc. G PRISCILA DAVILA & ASSOCIATES, INC. rr/NSP 34 Plaza Square � Orange, California 92866 562.673.3388 ®program W February 24, 2021 Ms. Angelica Frausto-Lupo Director of Community Development City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 Subject: Response to Request for RFP No.2021-01 Administration of HOME/CDBG Programs Dear Ms. Frausto-Lupo: Priscila Davila &Associates, Inc. in partnership with JEDA Works (DBA Housing Programs) is pleased to submit this proposal to administer the City of Rosemead's HOME Investment Partnership (HOME) and Community Development Department Block Grant(CDBG)programs. Both Priscila Davila & Associates, Inc. and JEDA Works are well versed in preparing Consolidated Plans, Action Plans and designing and implementation CDBG and HOME programs in compliance with HUD regulations and HUD waivers. Our knowledge allows us to prepare documents that are consistent with the City's visions. With over twenty years of professional experience working with various HUD programs, our background includes monitoring CDBG, HOME and ESG activities, managing CDBG, HOME and ESG programs, and developing and implementing small business, housing rehabilitation and emergency rental assistance programs. For the purposes of this proposal, Priscila Davila, of Priscila Davila & Associates, Inc. will be the primary contact and on-site individual who will provide the direct services to the City of Rosemead. We look forward to your evaluation of our proposal for consulting services. Should you have any questions please contact Priscila Davila at (562) 673-3388. Sincerely, Priscila Davila Principal,Housing/Grants Management Consultant t olk. ` `� PRISCILA DAVILA ASSOCIATES, INC. ggni : :".'1 34 Plaza Square I Ey, -1 a9§ Orange, California 92866 (562) 673-3388 � � � � prisciladh@yahoo.corn RESPONSE TO REQUEST FOR RFP NO. 2021 -01 PROPOSAL FOR ADMINISTRATION OF FIOME/CDBG PROGRAMS SUBMITTED FOR CONSIDERATION TO: City of Rosemead Community Development Department 8838 E. Valley Boulevard Rosemead, California 91770 February 24, 2021 TABLE OF CONTENTS Executive Summary 1 HUD Document - Specific Services 2 1. Annual Action Plan 2 2. CAPER 3 Administration Services 4 1. General Grant Administration 4 2. Environmental Review Records 4 3. Davis-Bacon Wage & Section 3 Compliance 4 4. Housing Rehabilitation Services 5 5. CDBG-CV Program . 5 6. Substantial Amendment 6 7. Commercial Facade Program 6 Personnel - Direct Services Team 7 Experience/References 8 Cost Schedule 10 Resumes 12 EXECUTIVE SUMMARY Priscila Davila & Associates, Inc. is a firm of dedicated professionals that have a passion for providing first-rate consulting services in the areas of community development and affordable housing within communities throughout Southern California. Priscila Davila &Associates, Inc. principals are directly responsible for performing all work associated with the company. Priscila Davila & Associates, Inc. principals, having worked as city employees and with other private consulting firms, saw the need to come together as a team to provide competitive and effective services to local government agencies and non-profit organizations. Priscila Davila & Associates, Inc. has no pending or previous litigations related to our work. Summary of Experience/Services - The following is a summary of the various services provided by Priscila Davila & Associates, Inc.: • Preparation of Five-Year Consolidated Plans. • Preparation of Annual Action Plan and Consolidated Annual Performance Evaluation Reports. • Preparation of Citizen Participation Plans. • Hands on use of the federal Integrated Disbursement Information System (IDIS). • Monitoring Public Service Subrecipients, Housing Projects, Commercial Rehabilitation, Public Improvement Projects, and Economic Development Projects. • Preparation of Environmental Documentation and Compliance. • Technical Assistance on resolution of regulatory compliance issues. • Regulatory monitoring and compliance associated with Davis Bacon Related Act(DBRA). • HUD monitoring/audit preparation (file organization, resolution of Concerns/Findings, follow-up correspondence). • Administration, development, and design of HUD and State-funded Community Development, Housing Programs and Homeless programs/projects. • CDBG, CDBG-CV, HOME, State HOME, NSP and ESG-funded program/project design, development,and implementation. • Ongoing program administration including processing subordinations and loan payoffs for, first-time buyer and owner-occupant programs. Knowledge of State and Federal Regulations - Priscila Davila & Associates, Inc. principals have attended over 30 workshops and trainings sponsored by the U.S. Department of Housing and Urban Development and the State of California Housing and Community Development. Additional Qualifications (Real Estate Broker) -Team member, Deborah Sottek, has held an active California Real Estate Broker's license for 20 years. She has coordinated over 2,000 escrow transactions for first- time homebuyer, owner occupied and multi-family rehabilitation programs. She is experienced in all aspects of loan transactions including underwriting, loan processing, and escrow transactions. She has 20.years of experience in property title search and document recording. 1iPage HUD DOCUMENT - SPECIFIC SERVICES The following summarizes the specific services for the following documents: 1. ANNUAL ACTION PLAN(S) A. Prepare all HUD required reports, notices, and documents necessary to process the City's Annual Action Plan. B. Prepare the annual Notice of Funding Availability (NOFA) for allocation of City CDBG and HOME funding. C. Work with City staff to review submitted funding requests for completeness and eligibility. D. Assist or prepare, as required, reports for the City Council concerning the allocation of funds for public service and capital expenditure activities. E. Prepare narrative and submit to HUD in the IDIS-prescribed format, including but not limited to, a description and assessment of the following: • Use of funds. • Program and project accomplishments. • Geographic distribution of funds. • Leveraging of funds. • Homeless activities. • Public housing. • Institutional structure. F. Assistance in compiling eligibility documentation in accordance with HUD regulations for program year funded projects, including National Objective determinations. G. Set-up and maintain activities and narratives in the Integrated Disbursement Information System (IDIS). TIMELINE December January February March April May Drafting of Plan December to April Community Forums/Meetings February to March Draft of Document for Staff Review April Presentation of Draft to Public/City Council April to May Submit to HUD May 15th 2IPage HUD DOCUMENT - SPECIFIC SERVICES (CONTINUED) 2. CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT(S) A. Prepare all HUD required reports, notices, and documents necessary to process the City's CAPER. B. Assist or prepare, as required, reports for the City Council concerning the expenditures and accomplishments. C. Preparation of the Consolidated Annual Performance and Evaluation Report (CAPER) will include the following: • Executive Summary • Public Housing Strategy • General Questions • Barriers to Affordable Housing • Managing the Process • HOME • Citizen Participation • Homelessness • Institutional Structure • Homeless Needs • Monitoring • Specific Prevention Elements • Lead-based Paint • Non-Homeless Special Needs • Housing Housing • Housing Needs • Community Development • Specific Housing Objectives • Antipoverty Strategy D. Enter CAPER and submit to HUD via the Integrated Disbursement Information System (IDIS). TIMELINE July August September Drafting of CAPER July to September Draft of Document for Staff August to September Review Presentation of Draft to Mid-September Public/City Council Submit to HUD End of September 3IPage ADMINISTRATION SERVICES The following services are available to assist City staff in the implementation of its HUD-funded programs: 1. GENERAL GRANT ADMINISTRATION A. Provide CDBG and HOME program training and technical assistance to City staff and funded subrecipients for CDBG and HOME compliance. B. Coordinate preparation of sub-recipient contracts with City Attorney; review sub- recipient's invoices for accuracy and eligibility. C. Create and maintain files for CDBG, HOME funded projects/activities and programs. D. Review quarterly status reports on the status of work projects/activities and programs assigned, unless otherwise instructed by the City. E. Provide any other administrative services necessary to effectively administer the City's CDBG and HOME programs. F. Develop a monitoring plan and monitor all CDBG and HOME projects/programs for appropriate records maintenance, reporting, and compliance with applicable program requirements. G. Assistance in preparing for Department of Housing & Urban Development program monitoring of CDBG and HOME projects/programs. H. Assist with preparation of responses, as needed, to Findings and Concerns noted in HUD Project Monitoring. Attend public meetings, as needed. J. Work with City staff, as needed to maintain financial records as defined by CDBG and HOME Program regulations and policies. K. Provide monthly status reports for work programs/projects assigned. L. Prepare drawdowns in IDIS. 2. ENVIRONMENTAL REVIEW RECORDS A. Preparation of the environmental review records for all HUD-funded programs and activities including but not limited to: • Notice of Intent to Request Release of Funds • Request for Release of Funds • 8-Step Flood Plain Determination • CEST (formerly Appendix A) 3. DAVIS-BACON WAGE & SECTION 3 COMPLIANCE A. Provide Davis-Bacon Wage compliance procedures. B. Provide Davis-Bacon project monitoring compliance, as applicable. 41 _P-ag_e ADMINISTRATION SERVICES (CONTINUED) C. Provide labor compliance services for the City of Rosemead's CDBG and HOME funded projects. D. Provide Section 3 project reporting/monitoring. E. Prepare Contractor/Subcontractor Activity Report. 4. HOUSING REHABILITATION SERVICES A. Household Qualification 1. Calculate household income. 2. Prepare and send letters of verification to third parties such as IRS, employers, social Security, EDD, retirement benefits system, etc. 3. Review asset documentation for income calculation and evidence of additional unreported income. 4. Review credit report for evidence of assets and additional unreported income. 5. Prepare and transmit all correspondence including additional information requests, approval, denial letters, etc. B. Document Preparation 1. Environmental documentation (CEST formerly Appendix A). 2. Prepare grant/loan/construction contracts. 3. Prepare and transmit all correspondence including additional information requests, approval, denial letters, etc. C. Construction Management - The following services are offered for the housing rehabilitation program: 1. Arrange/Conduct inspections. 2. Develop written scope of work. 3. General project construction oversight. 5. COMMUNTY DEVELOPMENT BLOCK GRANT - CV In response the coronavirus pandemic, Congress approved the CARES Act. Priscila Davila & Associates, Inc. has been instrumental in designing and implementing CDBG-CV programs to address the impacts of the pandemic on businesses, tenants and homeowners. An online application portal is used to expedite the processing of applications and distribution of funds to businesses, tenants and landlords that have been devastated by the loss of jobs, loss of income placing businesses owners losing their businesses and/or residents at risk of losing their housing. The following may be provided to the City in conjunction with its Round 1 and Round 3 CDBG-CV funds: A. Assist with substantial amendments. B. Development written small business program guidelines. 5lPage ADMINISTRATION SERVICES (CONTINUED) C. Development of written emergency rental assistance program guidelines. D. Provide online portal and application for small business and/or rental assistance or other City-identified CDBG-CV eligible program. E. Determine if applications meet HUD and City of Rosemead eligibility requirements. F. Assist with document preparation and execution. G. Coordinate payments. H. Prepare other documents, as needed. 6. SUBSTANTIAL AMENDMENT A. Prepare all HUD required reports, notices, and documents necessary to process any City approved amendments to the Annual Action Plan. B. Assist staff in determining allocation of resources based on HUD waivers. C. Assist or prepare, as required, reports for the City Council. D. Assistance in compiling eligibility documentation in accordance with HUD regulations for program year funded projects, including National Objective determinations. E. Set-up and maintain activities and narratives in the Integrated Disbursement Information System (IDIS). 7. COMMERICAL FACADE PROGRAM IMPLEMENTATION SERVICES A. Review and update Policies and Procedures B. Determine business eligibility. C. Provide construction management services. D. Prepare documents. 6IPage PERSONNEL - DIRECT SERVICES TEAM The following is a listing of the key personnel performing the specific, program tasks outlined in the proposal. Complete resumes for each person can be found in the "Resume" section of this proposal. Priscila Davila Ms. Davila has over twenty (20) years of CDBG, HOME, and ESG professional experience. She has thorough knowledge of CFR Title 24 Part 570 and has an excellent command of HUD regulations. Ms. Davila will be lead person for the work under the Annual Action Plan and CAPER component of this proposal. Her focus will be the general administration of all the City's HUD-funded grants and programs identified in this Proposal. Ms. Davila will provide general oversight and management of the CDBG, HOME and CDBG-CV programs. She will meet with City staff monthly, or as needed, to discuss project status and implementation. She will charge for time expended on project management, attending meetings, telephone calls, research time and preparing documents. Deborah Sottek - Deborah Sottek has over thirty (30) years of experience in the administration of federally funded community development and housing programs. Ms. Sottek will provide assistance to Ms. Davila in the development and preparation of HUD documents. Ms. Sottek will be lead person for services performed under the First-time Homebuyer, Housing Rehabilitation, and Commercial Facade component of this proposal. She will charge for time expended on project management, attending meetings, telephone calls, research time and preparing documents. ADDITIONAL SUPPORT STAFF (if needed) Nicole Gangale - Ms. Gangale currently assists in providingoff-site program administrative and application processing services including application loan and grant processing, credit report review, grant/loan document and construction contract preparation. Tracking project disbursements, contingency and fund verification. Shannon Prebil - Ms. Prebil assists in compiling data for analysis and preparing draft narrative. In this role, she assists with data entry, project file setup and records maintenance. Abel Torres - Mr. Torres assists in completing HQS inspections, lead-based paint testing, and construction management. 7IPage EXPERIENCE/REFERENCES Client History:The following is a history of agencies served by Priscila Davila&Associates and Housing Programs: City of Gardena City of Bellflower City of San Bernardino City of Lawndale City of Lawndale City of Pomona City of Huntington Park City of Montebello City of Encinitas City of South Gate City of Buena Park City of San Juan Capistrano The following is a list of current references. City of Rosemead 2019-Present Community Development Department Responsible Persons: 8838 E. Valley Blvd. Priscila Davila& Debbie Sottek Rosemead, CA 91770 Funding Source(s): Angelica Frausto-Lupo HOME, CDBG & CDBG-CV Director of Community Development Responsibilities: General consulting services in support of the City's administration of the CDBG, CDBG-CV and HOME funded programs; preparation of environmental documentation, preparation/attendance at HUD monitorings, 2019 CAPER, 2020 Citizen Participation Plan, CDBG subrecipient oversight/monitoring, provide IDIS support by setting up activities/projects, committing funds, and generating reports, provide staff with CDBG and HOME Program technical assistance, income determination for owner-occupied housing rehabilitation program. City of Newport Beach 2020-Present Community Development Department Responsible Persons: 100 Civic Center Drive Priscila Davila& Debbie Sottek Newport Beach, CA 92660 Funding Source(s): Lauren Wooding Whitlinger CDBG &CDBG-CV Real Property Administrator Responsibilities: General consulting services in support of the City's administration of the CDBG and CDBG- CV funded programs; preparation of environmental documentation, CDBG subrecipient oversight/monitoring; provide IDIS support by setting up activities/projects, committing funds, and generating reports, provide staff with CDBG and HOME Program technical assistance, prepare Action Plans and CAPER; monitor affordable housing projects. City of La Habra: 2019-Present Community and Economic Department Responsible Persons: 110 E. La Habra Blvd. Priscila Davila La Habra, CA 90631 Funding Source(s): Miranda Cole-Corona CDBG Economic Development and Housing Manager Responsibilities: General consulting services in support of the City's administration of the CDBG funded program; preparation of environmental documentation, CDBG subrecipient oversight/monitoring; provide IDIS support by setting up activities/projects, committing funds, and generating reports, provide staff with CDBG Program technical assistance, prepare Action Plans and CAPER; provide labor compliance services for all CDBG construction projects. 8IPage EXPERIENCE/REFERENCES (CONTINUED) City of Ontario 2018-Present Housing &Neighborhood Preservation Agency Responsible Person: 208 West Emporia Street Priscila Davila& Debbie Sottek Ontario, CA 91762 Funding Source(s): (909) 395-2322 HOME, CDBG, & ESG Mrs. Katryna Gonzalez Responsibilities: Provide labor compliance services for all CDBG construction projects, Assist in preparation of Consolidated Plans, Annual Action Plans, and CAPERs. City of Monterey Park 2008-Present Community& Economic Development Department Responsible Persons: 320 W New Mark Avenue Priscila Davila& Debbie Sottek Monterey Park, CA 91754 Funding Source(s): Martha Garcia, CPFO HOME, CDBG &CDBG-CV Director of Management Services Responsibilities: General consulting services in support of the City's administration of the CDBG, CDBG-CV and HOME funded programs; preparation of environmental documentation, preparation/attendance at HUD monitorings preparation of 2015, and 2020 Five Year Consolidated Plans, 2008 to 2020 Annual Action Plans and CAPERs, 2008 to 2020 Citizen Participation Plan, CDBG subrecipient monitoring, provide IDIS support by setting up activities/projects, committing funds, and generating reports, provide staff with CDBG and HOME Program technical assistance, income determination for owner-occupied housing rehabilitation program. Design and implementation of CDBG-CV Small Business Assistance Program. Design and implementation of Rental Assistance Program. City of Pasadena 2008-Present Housing Department Responsible Person: 649 North Fair Oaks Avenue, Suite 202 Priscila Davila Pasadena, California 91 109 Phone No.: (626) 396-8321 Funding Source(s): Mr.Jim Wong, Senior Project Manager HOME, CDBG & ESG Responsibilities: General consulting services in support of the City's administration of the CDBG, ESG and HOME federal funding programs; provides information, guidance, and advice on CDBG, ESG and HOME matters, including environmental and financial requirements, review program documents to ensure compliance with HUD requirements, provide IDIS support by setting up activities/projects, committing funds and generating reports, provide all Section 3 and Davis-Bacon monitoring, provide Long Term Monitoring HQS inspections. Additional references available upon request. • 91 Page COST SCHEDULE HUD REPORTS Task Total Cost Annual Action Plan $4,400.00 CAPER $3,600.00 GENERAL PROGRAM ADMINISTRATION Task Hourly Rate Priscila Davila $75.00 Deborah Sottek $75.00 Nicole Gangale $40.00 Abel Torres $40.00 Shannon Prebil $30.00 HOUSING REHABLITATION SERVICES PLEASE REFER TO FOLLOWING PAGE This cost approach is recommended as it provides a concise cost for processing each loan. We believe it is a better way to manage the cost to processing a loan rather than an hourly rate. The line items are costed out at the average amount of time it takes for each loan. Easier loans will cover the cost of more difficult loans. COST SCHEDULE (CONTINUED) FEES,PER . ;FEES GRANT PER, DESCRIPTION OF WORK LOAN Application Processing(Applicant/Property Eligibility Determination) $375.00 $575.00 Preparation of Environmental Documentation $175.00 $175.00 Initial Property Inspection &Preliminary Cost Analysis $350.00 $550.00 Work Specifications, Final Specifications for Bidding $250.00 $500.00 BID PROCESS Coordination of Bid Process and Bid Walks with Homeowner and Contractors Review of Bids,follow-up $525.00 $750.00 Verification of License&Insurance Selection&Award of Contract Additional bid-walks billed hourly @$75.00 CONTRACTOR SELECTION Award of Contract Preparation of Construction Contract $425.00 $650.00 Verification of Selected Contractor State License, non-debarment, required insurance(s),and City business license Construction contract execution meeting with Homeowner/Selected Contractor ____ ,. 3^. i9F<a;& "P9 S+ "-F,x.-a-az, ;":x#53°i?T#{Y 'a^eom e od3u'm §. -W? 74,1 ple contracts,A P:t.5onal contracf i e rtrade o.tg actors) War # _,M Sff , Z00 QO .$20D 0,t0_ EXECUTION OF LOAN/GRANT DOCUMENTS Loan/Grant Document Preparation,execution &transmittal for recording. $275.00 $425.00 Loan/Grant Closing CONSTRUCTION MANAGEMENT $75.00 $850 Oversight of project under construction $350.00 $550.00 Progress Inspections $175.00 $175.00 Payment processing(each payment) $85.00 $85.00 Change Order processing FILE MAINTENANCE Organizing and closing out file documents,ensuring all documents are in order and file is $75.00 $150.00 Organized, complete and ready for audit. TOTAL BASE COST PER GRANT/LOAN (Does not include cost of items shown in shaded areas,above.These costs only apply if there is a $3,335.00 $5,635.00 change in the contractor or the applicant uses more than one contractor.)Cost are based on an average$2,000-$5,000 grant/average$50,000 to$80,000 loan. REIMBURSABLES Title Report N/A $175.00 Credit Report N/A $35.00 ASBESTOS/LEAD BASED PAINT (If Applicable) ., DESCRIPTION OF WORK FEES PER GRANT/LOAN Asbestos Inspection/Report(Barr&Clark) $575.00 Asbestos Abatement(Specifications)(Barr&Clark) $275.00 Lead Based Paint Risk Assessment/Inspection and Report(Barr&Clark) $375.00 Lead-Based Paint Abatement(Specifications)(Barr&Clark) $275.00 Coordinate/obtain and review lead inspection/report incorporate into WWU $150.00 Coordinate obtain lead abatement bids $150.00 Prepare Contract/Coordinate/oversee lead abatement work $350.00 Lead Based Paint Clearance Inspection(Barr&Clark) $220.00 Lead Based Paint Clearance Re Inspection(Barr&Clark)This cost can be transferred to General Contractor. $220.00 11 IPage RESUMES PRISCILA.r•divii-PL (362)6n-338s pnicaaah@phooxorn EMPLOYMENT)EXPERIENCE: Priscila Associates lizy 2006,Ctirrant • • C.,I3BG/H011E/ESG Consultant • . + Provide professional services to augment and mentor. city stiff in the areas of Ccusanaunity 'Development Block Giant (C.D13G), HOME krestenent Partnerships and .Ernergency Sooni Grant(E$G)PICSPRIC0.1; 'ties include program adrastration assistance, ploiect Management, and IDIS peognen assistance; + Provide assistance on analyzing and developing proposed affotdable housing and projects related to CDBG/HOME program guidelines; Ass:ist on speeific reporting requirements, such as the Annual Action Egan and CAPER and preparation of requests for ptoposah; • Monitor and'maintain records CDBG,HOME and ESG; + Provide advice and infoemation on funding oppormnides,requirements and permeates; + Coordinate programs with Community Housing Development Osgan.z-. ations( Os)and „ afforelabk,housing developers;coordinate agteernents and monitor projects. '• City of Ba.ldtv'in Fade Islay.2034— '"Vlay 2006 Grants Art,m4eiStrator • Performed a videty of analyses and studies to identify State and Federal funding options + Performed tinte-cridszl and confidential studies related to fiscal and arlee:-Iisteaive - requErerlierit cef grant Flog:Pals; + Assisted in the grants solicitation process; • + Planned and coordinated the ineplementaton of awarded g;ants to ensrme that the City Iris ita compliance Lith applicable byes and regulations; + Monitored and audited grant expenses. City of Huntington Park Aug.20 —1sZov.2004 CDBGPtoject Cootdinator + Research and prepare grant applications for the Community Development Depart .Adininister the City's Community Development Block Gan; HOME Investment • Partnership and Ennergency Shelter grants; • ▪ otanize and implement the admin. istration of gar=received; Prepare Annual Ao'Eon Plan and ComolielUe51 Annual Performance Evaluation Report (CAPER*)to the Department of Housnsg and Urhan Development + Prepare staff reports and epresent the City on grant mattets; + Execute contracts nith sub-le6pientS and consultants; + Monitor sub-repieriti to ensuze cornpEance uitla federal zequirements; + En,sute the City's comPlia!ace uith tequitements of awatded ..ants; , • • • 12IPage • + Perform Environmental Reviews and Davis-Bacon monitoriri + Prepare City's annual bud_et for grants and Community Development Departriaent; Attend meetings and speak at public gatherin . City of La Habra Aug.2000-Aug.2001 associate Planner Assisted at a professional levet in organizing,implementing and naonitorictg CDBG program and planning projects_ + Performed population,housing,social,economic and other specialized studies of the Cite, + Provided local officials and citizens with information regare;na projects; + Conducted field studies and surveys to collect original research data for City projects; + Monitored program activities for progress and compliance with program requirements; + Evaluated program results against states objectives; + Reviewed environmental documents and enforce labor standards; • + Made presentations to government offir lc,commissions,and citizens. LA County Community Development Commission Feb.1999-Aug.2000 Development Specialist + Responsible for evaluating Cities, Communing ga. County a Ba=_ed Ctr �...4at<ons and Departments to ensure compliance with regulations; «b Provided technical assistance to grant recipients by identifying appropriate systems that could be implrneated to meet requirements; • Reviewed and responded to eligibility'inquiries for proposed projects; + Prepared agreements,amendments,statistical and financial reports for projects; Investigated complaints and prepared recommendations for corrective actions. EDUCATION California State University at Long Beach,1992-1997 Bachelor of Arts Degree in English Sia lfirada high School,1988-1992 High School Diploma LANGUAGES Fluent in English and Spanish REFERENCES Available upon request 13 Hage . . _ _ .• . . . _.. • . . Deborah A. Sottek: . • - - - . -•• •CIVAILIFICATEONSf An-e*erianned nrafesshanal,01 Oyer 2'4*(rs Of espalaica,and plit.tian ratiiis aid:accinl*lidinirai6* . ' " • ' affnniage housing,pike*sea)*and-grant wiTTIng,.iederal..grant,irpOianientailankiversighi.,teaderShip, . • -Erutstnfr4 skits*cariaritnication;pobtan tOeing and Foal dianagarioinIl IEXOtki*E;: , . .. . . ' • • - • • • , .. ,. • - Feb 1994-Present bcpemdnt Grant Goniiiitairt`. - - , • . • ce,f.ill'GrAni:. Citf.af&tars ga.lr: .. 0.;.•.cf4:"..r:o-Ka, . • 1 . . . CiyaF431ft'.37i Chicifd:11-E*-1 - Ciyalriiii : - , ct„,--4f Ezia.fas. - CdpifStn 8;arrat.STio CZynfkpiry.Parl.k ' , . . ajcfro4Nrei- R FEic5i:m . . , . .SionFicAirtAccoin4i§raiin4rrs•. . • . 4 „ '. • Over 2b.years of 4115a:tit ei*erience waning with road gate-raped and non-profits in the ithplernenlafton of affardabfe Bearing ika-ii ,cliabfip ierviae aidrilifies'and•publia worlis pr,pleals•fOth,alieen triderstatithng andextriah!e eine del*in inle4arabffon .. . . . . . . of l*al,rstata and federal_egtiOnry.retrAren:-,:tent -' • ''•. ' • Davelinnent of proOni aridOdicidaauirw*.andforteahnibaf assistance la gOvenim. ent.qi Ent agenci*, • 1 • . • Prepargcni of owerl5 HIJO-retired_p4a yeakaricianrinal dopunkty dealOwnerit:sttalegies(Coriso*ed Fate Srear Ap6on Plans • , t ••„and PetriaiPerfcrinanne Reports) :4 -Han00144T--01.MRI???0 01.440.0.1sTakEd PiOurr4 ate*MA**Pain Sr/e!Futf1T)i$5 Oiaegpm- ' '• • ExAgifenced in*e•intenfielattakand apprpaalian of federal and state:reidia5anS•lierkininginefillole liSe fffunds-•wage Ocinritaiee,1 • raitrailanzne restfatiansi-ard relaaalian- • ” - .- • •-- i .• S*0.,oiss.*..far ringing 15 siradefai Slate of Oalifoniia IMO graltappOoaFons indadrig cDiip-,-iiii.ii*-;MHP anirCamivElkihialt , _. . . Eitatoded interp.,elitan of*proatirin 02)i*and grant regulaticris • --,Faailated-neg,olia*n.•kiith.pOten53.1 jrineStaislfdefieWeis and tenders•to seFore-Olipitation•in afiartiiile.•iriuttilaiiily,riety 6STOrifiark:acitiOillk-4t4i0CabP'.46.K14f4e* • 6irerienced In.,**dig 1 faagOlity:Of,Orn iisinitir... *vein prhirit r.nraleas iricliurfrig cos,t,'henairri:And apa-p-fiance' 5k;app0.a.i le . , ArgrEfR sq!iles ' - - ' - ' ! -•PiteitiDiailO'frickhbvisiPS.1:414105 6003;P.miwatjcii.-of a•Q'LlsbrPeitt.1,2740INI 40d01112.4fiaff91,5 , , . . . , .., . , 6 'Pisist,develdpas arid:inpi*ial liA711 .5tIvoughti-k erfathatent process iini.nran: panning,hnlling,colada-aenay approyalsr eta, , .. biol.:00d afxr*Fani iej•iabiftati4n and resale•of la.di..kciimeci FHA nendc,miniuins•-inalirfrig praparilibk at Puiotrase . • Nreenient,PiadOsareSt*nent,property transfer and Fen*sin**Ce..ggrant OSA deed 00,4 iiou4riiiib,agreements) . .. , I • Prepared staffi0at and rnanaranchir*;Or City&oink Piann*g canois•g0 01.40*-0:Erns 0.1*-6,0414_ •- I i• . .•-• Aftthid,'41d*r4t agenda items to,O4 Could IS and RedgefainiadAgenci* • .... .., , ..... • • . .. • a .Present infonnation b the p c atwoulp.or neighbarhoodifionn meetings - • I ., ... . -. .... . _ • ..initthor and inipteinintefof itiu.4le f* rnehpenelnyainn:Iral*,shigleLfam4 arid rindPlasndifinusing rp_.1.401itafi****is .f. Respeasofe.far ft ut'‘ia7+.,ricatikerailbei of co:Bp and State HO,11 -firnektf,single-farraliand triulif-farrgy:1*-zing rgfidlirra5pri loan and oait Ozogmktp lialLiaing.*Fliadiongoo*eng;tern,document processingthi4-iilidi4ithialyj,-arid nOnitriiafin-thanagegrierd . . - . .. . , ' .m. Developed and pacreFrated..q.Q and-RF.P.processes fug...sale-Ong developers and 411i:d511#1110704*71'fia*ing.rale*irtging , -.roan Lifaahoe d housing reMaaiiiient and nerlik*Strtnitint ... . . , . . . , • OverSigtitgf Lead-Eased Paint Risk.P.Ssessin- Abaipment and Phase I and_Phase II tfiritorirnanbi-aie assessments .. .... . .. • Created Access Database for bOldinujnerit preparation and projeid_managaent and inonibiring ,s Ereellent cinderati3Oiibfand.skillSin.die--use of Ward,- Kcit:itiocess,.and powarPoint: - . .. . . . , . . • • • , . • . .• 1E150041:1W . poirOetsityfif Califqrnia at Ins An-gale's: ' .lEtarchefor.ef : • • . . • . . . . . , , . .. . . ... • SUPPLEMENTAL INF-OW- 7111pN . . , „ •- . Oliter Skills: interact th-al ni WOOS of City Cc and pepartiwA birectOit prepare,stalf,repOIS fir-City . .., ., . ManOgef. art.Council Age items pertaining tor-.c-66iiciinic,beyelOpnient.for ply.4001 . „ . , . . .. . . --. meetings; leadership trainer i'edridatori-Cialotnerservice..emcellence; high-energy performer;: , . paitpipathre Jitaaagienient."style'.and stmsg.team 1?Oilditig.Skits;-_-,excellent 'olefidwitionai , ..roanigetnent sigis;:Compnief SIdlls'.,knowiedge al otst.**re Oabkatek e...44 Woirt,Access, _. .. . " • PDF, .xcel;kibliSlier,PowaRnint,-Qutbork aid Internet-famliar viAlf1DIS*tai* I . • . . . .., .• • , • . 1 1 licenses - • C6-fotnia iiiklitate Brekerillicense k1216.736):. • •• , . ., • • • .. . . . : , • .. , . • 1 . . . ' . , . . . , . . . . 14 1 Page S M F O '9 gi. ,& ....:3 CIVIC PRIDE, 944,Thoor Attachment D Professional Services Agreement with Priscila Davila & Associates, Inc. ( EM .� 4 Q CIVIC PRIDE .14 ivy 4CORPoRATED.`° PROFESSIONAL SERVICES AGREEMENT HUD PROGRAMS AND GRANT ADMINISTRATIVE SERVICES (PRISCILA DAVILA & ASSOCIATES, INC.) 1. PARTIES AND DATE. This Agreement is made and entered into this this day of March, 2021 ("Effective Date") by and between the City of Rosemead, a municipal organization organized under the laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ("City") and Priscila Davila & Associates, Inc. with its principal place of business at 34 Plaza Square, Orange, CA 92866 ("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 HUD Programs and Grant Administrative Services to public clients and is experienced and holds the duly required licenses and certifications to perform the said services. 2.2 Project. City desires to engage Consultant as an independent contractor to provide HUD Programs and Grant Administrative services to the City of Rosemead ("Project"). 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 consulting services necessary for the Project ("Services"). The Services are more particularly Priscila Davila &Associates, Inc. Page 2 of 11 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 for a three (3) year time period with the option of up to two (2) one-year extensions from the Effective Date unless earlier terminated as provided herein. Consultant shall complete the Services within the term of the Agreement, and shall meet any other established shcedules and deadlines. 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. 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 Priscila Davila &Associates, Inc. Page 3 of 11 timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. 3.2.5 City's Representative. The City hereby designates the City Manager, 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 Agreement. 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 will designate 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. 3.2.9 Laws and Regulations. 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 Priscila Davila & Associates, Inc. Page 4 of 11 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 Insurance: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this agreement. 3.2.11 Safety: Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement and shall not exceed Eighty Thousand Dollars ($80,000.00) and in accordance with Consultant's proposal dated February 24, 2021. Extra Work may be authorized in writing, as described below, and 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 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 Priscila Davila &Associates, Inc. Page 5 of 11 California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "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 Accounting Records. 3.4.1 Maintenance and Inspection: Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination: City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time 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. 3.5.1.2 Effect of Termination: If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents/ 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. 3.5.1.3 Additional Services: In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Priscila Davila &Associates, Inc. Page 6 of 11 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONSULTANT: Priscila Davila &Associates, Inc. 34 Plaza Square Orange, CA 92866 Attn: Priscila Davila Tel: (562) 673-3388 CITY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: City Manager 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. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 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"). 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 provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held Priscila Davila & Associates, Inc. Page 7 of 11 confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 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. 3.5.5 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 costs of such action. 3.5.6 Indemnification: To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. 3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law: This Agreement shall be governed by the laws of Priscila Davila &Associates, Inc. Page 8 of 11 the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence: Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants: City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns: This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 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. 3.5.13 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. 3.5.14 Amendment; Modification: No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver: No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; 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. 3.5.18 Prohibited Interests: Consultant maintains and warrants that it has Priscila Davila &Associates, Inc. Page 9 of 11 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. 3.5.19 Equal Opportunity Employment: Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification: By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement: Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts: This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required: Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [Signatures on next page] Priscila Davila &Associates, Inc. Page 10 of 11 CITY OF ROSEMEAD PRISCILA DAVILA &ASSOCIATES, INC. By: By: Gloria Molleda, City Manager Date Date Name: Attest: Title: City Clerk Date [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Approved as to Form: By: Name: Rachel Richman Date City Attorney Title: EXHIBIT A PROPOSAL FOR SERVICES/RATE SCHEDULE/RESUME The Consultant shall provide HUD Programs and Grant Administrative services to the City of Rosemead ("Project"). (Attachment of proposal dated February 24, 2021 forthcoming) A-1 EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend,supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance: Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Automobile liability insurance: Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1 Million per occurrence. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the C-1 policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or C-2 prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10.Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirementsof this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11.Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or selfinsured retention, substitution of other coverage, or other solutions. 12.The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13.For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. C-3 14.Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15.Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16.Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. r 18.Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20.The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21.Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. C-4 Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. C-5