CC - Item 4C - Professional Services Agreement Extension for Priscila Davila & Associates, Inc.ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND ITY COUNCIL
FROM: BEN KIM, CITY MANAGER 9k
DATE: MARCH 11, 2025
SUBJECT: PROFESSIONAL SERVICES AGREEMENT EXTENSION FOR
PRISCILA DAVILA & ASSOCIATES, INC.
CTTMMARV
On March 23, 2021, the City Council awarded a three-year Professional Services Agreement
with Priscila Davila & Associates, Inc. with provisions for two one-year extensions. The
agreement is intended to support staff in the administration, implementation, and management of
the U.S. Department of Housing and Urban Development (HUD) funded programs - CDBG,
HOME, CDBG-CV, and HOME -ARP. Last year, the City Council approved a one-year
extension of the professional services agreement. Staff is requesting the approval of the second
and final one-year extension with Priscila Davila & Associates, Inc., with an annual allocation of
$120,000.
Priscila Davila & Associates, Inc. provides comprehensive support to City staff in the
administration of HUD services. This includes monitoring federal funding as well as the
preparation and submission of essential federal reports such as the Annual Action Plan,
Consolidated Plan (ConPlan), and any Substantial Amendments. The firm also plays a critical
role in initiating drawdowns, monitoring labor compliance, ensuring prompt reporting to HUD,
and managing entries in the Integrated Disbursement and Information System (IDIS).
Additionally, Priscila Davila & Associates, Inc., assists with the processing of the Owner -
Occupied Rehabilitation Grant and Loan Programs, the Commercial Improvement Program, the
Homeownership Assistance Program, and other programs related to CDBG and HOME funds.
The Housing Division has achieved numerous milestones, with the assistance of Priscila Davila
& Associates, Inc. In the Homeownership Assistance Program, a total of five applications have
been processed and approved, which includes the four Cassia Project homes. Additionally, there
were eleven applications approved under the Owner -Occupied Rehabilitation Programs, with six
of these projects completed. Priscila Davila & Associates, Inc. has also fulfilled the requirement
to submit annual HUD reports. In addition to their support for these initiatives, their team has
assisted the City with the request for more program funding through the Permanent Local
Housing Allocation Program (PLHA) and the CalHome Program.
AGENDA ITEM 4.0
City Council Meeting
March 11, 2025
Page 2 of 3
On March 23, 2021, the City Council approved Priscila Davila & Associates, Inc.'s three-year
Professional Services Agreement with the option of two one-year extensions. Following the
approval, on February 22, 2022, the City Council authorized the first amendment to the
Professional Services Agreement, which raised the annual allocation of $80,000 to $120,000 for
additional management services for the HOME -ARP and CDBG-CV programs. Subsequently,
on February 27, 2024, the City Council approved a second amendment approving a one-year
contract extension and an increase of $20,000 in the yearly compensation to support the
development and submission of the 2025-2029 ConPlan.
Staff is now requesting the approval of a second one-year extension of Priscila Davila &
Associates, Inc. Professional Services Agreement with a yearly compensation of $120,000.
STAFF RECOMMENDATION
That the City Council approve the third amendment to Priscila Davila & Associates, Inc.'s
Professional Services Agreement (Attachment "A"), authorizing the second one-year extension
with a compensation amount of $120,000, which would be paid from the HOME and CDBG
funding allocations.
FISCAL IMPACT
The consultant service costs would be paid from the Federal HOME and CDBG funding
allocation. Therefore, there is no impact on the General Fund.
STRATEGIC PLAN IMPACT
Approving the amendment of the Professional Services Agreement is consistent with the City's
Strategic Plan Mission, "Rosemead provides quality programs, services, and support that builds
community, increases opportunity, and makes Rosemead a great place to live, work, and play".
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
City Council Meeting
March 11, 2025
Page 3 of 3
Prepared by:
Destiny Garcia, anagement Analyst
Submitte b :
AOL
Lily Valenzuela, Director of Community Development
Attachment A: Third Amendment to Priscila Davila & Associates, Inc.'s Professional Services
Agreement
Attachment B: Priscila Davila & Associates, Inc.'s Professional Services Agreement, First
Amendment and Second Amendment
Attachment A
Third Amendment to Priscila Davila & Associates,
Inc.'s Professional Services Agreement
THIRD AMENDMENT
TO PROFESSIONAL SERVICES AGREEMENT
(PRISCILA DAVILA & ASSOCIATES, INC.)
This THIRD AMENDMENT ("Amendment") is made and entered into this _ day
of , 2025 ("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 East Valley Blvd., Rosemead, California 91770 ("City") and
Priscila Davila & Associates, Inc. with 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."
WHEREAS, the City and Consultant entered into an agreement on March 23, 2021,
for HUD programs and Grant Administrative services; and
WHEREAS, the first amendment to the Professional Services Agreement was
approved by the City Council on February 22, 2022, for additional compensation, not to
exceed $120,000 per year for additional U.S. Department of Housing and Urban
Development (HUD) Programs; and
WHEREAS, this second amendment was approved by the City Council on
February 27, 2024 to extend the Agreement for one-year, with the option of an additional
one-year extension, and provide additional compensation, not to exceed $140,000 for
additional services including the 5-Year Consolidated Plan ($20,000) and the increase in
Consultant hourly rate to $90/hour; and
WHEREAS, this Agreement is set to expire on March 23, 2025, with the option of
a final one-year extension from the effective date of the agreement.
NOW, THEREFORE, the Parties agree as follows:
SECTION 1. Section 3.3.1 Compensation shall be amended to read:
3.3.1 Compensation. Consultant shall receive compensation, including authorized
reimbursements, for all Services rendered under this Agreement and shall not exceed
One -Hundred Twenty Thousand Dollars ($120,000) per year at an hourly rate of
$90/hour, and in accordance with Consultant's proposal dated February 24, 2021, and
modifications for hourly rate dated February 14, 2024. Extra Work may be authorized in
writing, as described below, and will be compensated at the rates and manner set forth
in this Agreement.
SECTION 2. All other terms, conditions, and provisions of the Original Agreement
not in conflict with this Addendum, shall remain in full force and effect.
SECTION 3. The City Clerk shall certify to the adoption of this Addendum and
hereafter the same shall be in full force and effect.
IN WITNESS WHEREOF, City and Consultant have caused this Agreement to be
executed by their duly authorized representatives as of the day and year first above
written.
CITY OF ROSEMEAD
Ben Kim, City Manager Date
Attest:
Ericka Hernandez, City Clerk Date
Approved as to Form:
Rachel Richman
City Attorney
Date
PRISCILA DAVILA & ASSOCIATE, INC.
By: 1
Name' SeIda�0'VIact
Title�—V`C- OJ
[If Corporation, TWO
SIGNATURES, President OR
Vice President AND Secretary,
AND CORPORATE SEAL OF
CONTRACTOR REQUIRED]
Name:
Title:
2
Attachment B
Priscila Davila & Associates, Inc.'s Professional
Services Agreement First Amendment and Second
Amendment
SECOND AMENDMENT
TO PROFESSIONAL SERVICES AGREEMENT
(PRISCILA DAVILA & ASSOCIATES, INC.)
This_ SECOND AMENDMENT ("Amendment") is made and entered into this
day of V"An , 2024 ("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 East Valley Blvd., Rosemead, California 91770 ("City")
and Priscila Davila & Associates, Inc. with 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."
WHEREAS, the City and Consultant entered into an agreement on March 23, 2021,
for HUD programs and Grant Administrative services; and
WHEREAS, the first amendment to the Professional Services Agreement was
approved by the City Council on February 22, 2022, for additional compensation, not to
exceed $120,000 per year; and
WHEREAS, this Agreement is set to expire on March 23, 2024, with the option of up
to two (2) one-year extensions from the effective date of the agreement; and
WHEREAS, this amendment will extend the Agreement for one-year, with the option
of an additional one-year extension, and provide additional compensation, not to exceed
$140,000 for additional services including the 5-Year Consolidated Plan and the increase
in Consultant hourly rate to $90/hour.
NOW, THEREFORE, the Parties agree as follows:
SECTION 1. Section 3.3.1 Compensation shall be amended to read:
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this
Agreement and shall not exceed One -Hundred Forty Thousand Dollars
($140,000) per year and in accordance with Consultant's proposal dated
February 24, 2021 and modifications dated February 14, 2024. Extra
Work may be authorized in writing, as described below, and will be
compensated at the rates and manner set forth in this Agreement.
SECTION 2. All other terms, conditions, and provisions of the Original Agreement not in
conflict with this Addendum, shall remain in full force and effect.
SECTION 3. The City Clerk shall certify to the adoption of this Addendum and hereafter
the same shall be in full force and effect.
IN WITNESS WHEREOF, City and Consultant have caused this Agreement to be
executed by their duly authorized representatives as of the day and year first above
written.
CITY OF ROSEMEAD
Ben K ity Manager
Attest:
Ericka Hernandez, City Clerk
Approved as to Form:
0, �Z_
ache) Richman
City Attorney
PRISCILA DAVILA & ASSOCIATE, INC.
Z/-Z I / ZY By:
Date
AW;ly
Date
2 �7
Date
2
Name:
Title:
[If Corporation, TWO
SIGNATURES, President OR
Vice President AND Secretary,
AND CORPORATE SEAL OF
CONTRACTOR REQUIRED]
M
Name:
Title:
IN WITNESS WHEREOF, City and Consultant have caused this Agreement to be
executed by their duly authorized representatives as of the day and year first above
written.
CITY OF ROSEMEAD PRISCILA DAVILA & ASSOCIATE, INC.
ZBy: c Pal,&
Ben Kim, C)qNanager Date
Name: Priscila Davila
Attest:
Title: Principal/Owner
Ericka Hernandez, City Clerk Date
[If Corporation, TWO
SIGNATURES, President OR
Vice President AND Secretary,
AND CORPORATE SEAL OF
CONTRACTOR REQUIRED]
Approved as to Form:
By:
lit ', 2y Name:
ache Richman Date
City Attorney Title:
2
PSA - 2nd Amendment -PD&A (1)
Final Audit Report 2024-02-29
Created: 2024-02-29
By: Destiny Garcia (degarcia@cityofrosemead.org)
Status: Signed
Transaction ID: CBJCHBCAABAArOrVeGk00FROtCYMNac19yf4XIAGn6NN
"PSA - 2nd Amendment -PD&A (1)" History
Document created by Destiny Garcia (degarcia@cityofrosemead.org)
2024-02-29 - 3:59:43 PM GMT
Document emailed to Priscila Davila (priscilad h@yahoo.com) for signature
2024-02-29 - 3:59:48 PM GMT
Email viewed by Priscila Davila (prisciladh@yahoo.com)
2024-02-29 - 6:14:53 PM GMT
4 Document e-signed by Priscila Davila (prisciladh@yahoo.com)
Signature Date: 2024-02-29 - 6:15:37 PM GMT - Time Source: server
Agreement completed.
2024-02-29 - 6.15:37 PM GMT
Q Adobe Aa'obat Sign
titil' r n
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TrHo�w,,T, W
PRISCILA DAVILA & ASSOCIATES, INC.
MODIFICATIONS TO SCOPE OF SERVICES
FEBRUARY 14, 2024
Hourly Rate
GENERAL PROGRAM ADMINISTRATION
Task
Hourly Rate
Priscila Davila
$90.00
Deborah Sottek
$90.00
S Year Consolidated Plan
For participation in the CDBG and HOME program, the federal government requires that cities
prepare a 5-year Consolidated Plan document and state within its plan, the jurisdiction's goals
and priorities. The Consolidated Plan is designed to help cities to assess their affordable
housing and community development needs and market conditions, and to make data -driven,
place -based investment decisions. The consolidated planning process serves as the framework
for a community -wide dialogue to identify housing and community development priorities that
align and focus funding from the CPD formula block grant programs: Community
Development Block Grant (CDBG) Program, and HOME Investment Partnerships (HOME)
Program.
Priscila Davila & Associates, Inc. will develop the Consolidated Plan in accordance with
HUD requirements. The scope of services to be performed by the Consultant for each plan
is as follows:
• Develop five-year Consolidated Plan in accordance with HUD requirements.
• Perform relevant consultations and data collection to complete the required HUD
tables and the analysis of housing and non -housing needs.
Prepare an Executive Summary for the Consolidated Plan.
• Preparation of multi-lingual community questionnaire that would be posted on the
City's website and paper copies distributed at key community locations.
• Assist staff to assess the existing community needs as necessary to develop new
strategies, goals, and priorities.
• Assist staff with development of new strategies, objectives, priorities, and program
for the Consolidated Plan.
• Develop and incorporate a performance measure component as required by HUD
9
requirements.
• Conduct and synthesize the results of consultations with private agencies, public
agencies, and community groups as required.
• Assist staff with the review of the current Citizen Participation Plan to determine
whether any changes are needed to meet HUD's requirements.
• Assist staff in presenting at a public hearing before the City Council for adoption of
plan.
• Provide a shared resources folder - a shared drive with electronic copies of the
documents - list of data sources, copy of data collected, consultations, records, and
other supporting documentations used to develop the Consolidated Plan.
Task Total Cost
Preparation of 5-Year Consolidated Plan $20,000
4
FIRST AMENDMENT
TO PROFESSIONAL SERVICES AGREEMENT
(PRISCILA DAVILA & ASSOCIATES, INC.)
This FIRST AMENDMENT ("Amendment") is made and entered into this 11!4
day of '6e Qt , 2022 ("Effective Date"), by and between the City of Rosemead,
a municipal organi tion, organized under the laws of the State of California with its
principal place of business at 8838 East Valley Blvd., Rosemead, California 91770
("City") and Priscila Davila & Associates, Inc. with principal place of business at 1501
North Harbor Blvd., Suite 209, Fullerton, CA 92835 ("Consultant"). City and Consultant
are sometimes individually referred to herein as "Party" and collectively as "Parties."
WHEREAS, City and Consultant entered into an agreement on March 23, 2021, for
HUD programs and Grant Administrative services; and
WHEREAS, this Agreement is set to expire on March 23, 2024.
NOW, THEREFORE, the Parties agree as follows:
SECTION 1. Section 3.3.1 Term shall be amended to read:
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this
Agreement and shall not exceed One -Hundred Twenty Thousand Dollars
($120,000) per year 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.
SECTION 2. All other terms, conditions, and provisions of the Original Agreement not in
conflict with this Addendum, shall remain in full force and effect.
SECTION 3. The City Clerk shall certify to the adoption of this Addendum and hereafter
the same shall be in full force and effect.
IN WITNESS WHEREOF, City and Consultant have caused this Agreement to be
executed by their duly authorized representatives as of the day and year first above
written.
CITY OF ROSEMEAD
3�` 2/73/22-
rih Ile a, City Manager Da e
Attest:
2 2q% 2—
Ericka Hernandez, City Clerk Date
Approved as to Form:
Rachel Richman Date
City Attorney
2
PRISCILA DAVILA & ASSOCIATE, INC.
.�fBy: Ol'J A�x�A•
Y0.V l0.
Title:,( POJ
[If Corporation, TWO
SIGNATURES, President OR
Vice President AND Secretary,
AND CORPORATE SEAL OF
CONTRACTOR REQUIRED]
0
Name:
Title:
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 2*k 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
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) per year 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 EnterAgreement: 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.
t
Glorla Molleda, City Mana gery�D By�PA-k� Date
�- � Sc\� a 1� 0.
Name:v % a
Attest:
City Clerk Date
[If Corporation, TWO SIGNATURES, President
OR Vice President AND Secretary, AND
CORPORATE SEAL OF CONTRACTOR
REQUIRED]
Approved as to Form:
�r Name:
Rachel Richm n 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
NSP rn
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H O M E 111
a�,�roc�rari � LJJ
February 24, 2021
Ms. Angelica Frausto-Lupo
Director of Community Development
City of Rosemead
8838 E. Valley Blvd.
Rosemead, CA 91770
PRISCILA DAVILA & ASSOCIATES, INC.
34 Plaza Square
Orange, California 92866
562.673.3388
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,
T av-4&
Priscila Davila
Principal, Housing/Grants Management Consultant
PRISCILA DAVILA & ASSOCIATES, INC.
34 Plaza Square
Orange, California 92866
(562) 673-3388
prisciladh@yahoo.com
RESPONSE TO REQUEST FOR
RFP NO. 2021-01
PROPOSAL FOR ADMINISTRATION
OF HOME/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
S. CDBG-CV Program.............................................................................5
6. Substantial Amendment.................................................................6
7. Commercial Facade Program.......................................................6
Personnel - Direct Services Team...........................................................7
Experience/References
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.
HUD DOCUMENT - SPECIFIC SERVICES
The following summarizes the specific services for the following documents:
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 HOMEfunding.
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.
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
Drafting of Plan
Decemberto 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
21
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
0
HOME
• Citizen Participation
0
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
Review
August to September
Presentation of Draft to
Public/City Council
Mid -September
Submit to HUD
End of September
31Page
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; reviewsub-
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.
I. 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.
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. Reviewcredit report forevidence 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.
51Pa -c-
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.
6 J P a g e
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 forthe work underthe 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 Gannale - Ms. Gangale currently assists in providing off -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.
7 1 P a g e
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
8838 E Valley Blvd.
Rosemead, CA 91770
Angelica Frausto-Lupo
Director of Community Development
Responsible Persons:
Priscila Davila & Debbie Sottek
Fundina Source(s):
HOME, CDBG & CDBG-CV
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 202o Present
Community Development Department
100 Civic Center Drive
Newport Beach, CA 92660
Lauren Wooding Whitlinger
Real Property Administrator
Responsible Persons:
Priscila Davila & Debbie Sottek
Fundina Source(s):
CDBG & CDBG-CV
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.
8 1 P a e
EXPERI ENCE/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 2o08 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
649 North Fair Oaks Avenue, Suite 202
Pasadena, California 91 109
Phone No.: (626) 396-8321
Mr. Jim Wong, Senior Project Manager
Responsible Person:
Priscila D&vila
Funding Source(s):
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.
9 1 P a g e
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.
10�, ea�P
COST SCHEDULE (CONTINUED)
FEES PER
FEES
DESCRIPTION OF WORK
GRANT
PER
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
777
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 transfer red to General Contractor.
$220.00
111Page
RESUMES
PRisat A DAvn A
{3q 5"s-33s$
Pliscaldh47lhOO.cOm
EMPLOYMENT EXPERIENCE:
PrisciIa �^jWA& Associates
CDBG: HON- M;'ESG Consultant
l+tar 2006 - Currez, t
• , Provide professional semces :o augment, and mentor rir staff in the areas of Commur :-:
Development Bloc's Grant �,CDBG;i, HOME Investment Putrershvs and Emezgencr
Sohuions Grams ,MSG, Programs;
4.6 Actzrities include program admiaustration assistance, pzozect management, and iDiS
program assis•nce;
Ptorde 3ssisnazc'k on a.:alrmng zr.d developing proposed a fordable hosing a.-d ptgiecu
relived to CDBG, HO_%M ptoz=azn guidelines;
Assist on specific zeportmg requirements, such as the Arsual Am= Ear. ind C APHER and
preparation of requests for proposals;
monitor and maintain records on CDBG, HOME and rSG;
Prorsde adrce asd information on funding opportwuties, requirements and proceduces;
%% Coordinate programs with Coamtunitr Housing Development Ozgariations 'CHDOs) and
affordable housing developers; coordinate agreements and nor for psoptcts.
Cite of Balduin Part:
Grants Administrator
Nov. 2004 - May 2006
Performed a ra- etr of anlMes and studies to identify, State and Federal fur d rg options;
Performed lame -critical and confident.rsdies related to ^scal and id=a:str2t e
requ cements of grant programs;
+ Assisted zn the grants soliciation process;
,+' P ^^ed at.d coor&nted the =plementacon of narded gets to ensure tint the C-.r v-a:
in compliance with applicable laws and zegulations;
•'r Monitored oral audited grant expenses_
City of Huntingotou Park
CDBG Project Coordinator
Aug_ -00i -Nor. 2004
Reseazcb and prepare grant appL•cations for the Commuttirr De-. e:opment Department;
r, Ad=rister the Cites Community Development Biotl`_ Gzant, HOME Investment
Paztrershza and Emezgencr Shelter grants;
Organise and =plement the administration of grints received;
•:� Prepare Anr:ual Action Plan and Consohdated :annual Performance Evaluation Report
'C -VEX, to the Department of Housing and Urban Development;
•3 Prepare staff reports and represent the City or. grant maven;
4 Execute contracts with sub -recipients at♦d consultants;
$ .Monitor sub -recipients to emwe compUnce cith federal reg wemenn-.
0 Ensure the cites compb 4ce pith requirements of au-azded zrauts;
121 Page
fi Perform Env-sonmental Renews and Davis -Bacon monito=Z
•»� Prepare Gres annual budget for gusts acid Comm=tr Development Depu=ert;,
Attend meetings and speak at public gather-ags.
City of La Habra
AsSociate Planner
Assisted at a profess-onal level, in organ:zirg, tmolementing and -nozitocing CDEG program
and planting proects;
❖ Performed popuiatior., housing, soul, economic and other specaiized =A -es of the C_c! ,
Pionded local officals and atizens v.:* infomut on regard=g projects;
Conducted field srzd es and survey to coLlect ovirmil =esearch data for C:-M projects, -
Monitored piogrun act:ittes fox progress and compl zace with program ret}u;sements;
-alvztedpiogtram resslts a„ ainst states obleeures;
?,erietred tnrsoamentai documents and enforce labor standards;
',Izde presentations to government officials, cou>sxuss:oas, sad c_3zens_
Lei County Contmunitg Development Commission
Development Spec-abst
Feb_ 1999 -Aug. 2COO
tic* Respat;s:b:e far era uatxg Cities, Ca=unitr Based Otgarin iaass
Departmerm to ensure compliance, with regulations;
Provided teci=xil a_s_stance to grant recp-eats br identIv ng appropriate
could be ant2lemented to meet regtaremenn;
❖ Reviewed and responded to e4bilitr inquiries for proposed projects;
•.z Prepared agreemer.:s; amendu:erts, statistical and financial reports for projects;
•S kresagated compla_rts and prepued recommertdat_ons for corrective actions_
EDUCATION
California State University at Long Beach, 1992-199-
Bachelor of :arts Degree is English
"krada High School,1983-1992
High School Diplomi
LANGUAGES
�r191A and Spanish
REFERENCES
Arable upon request
=d Cowty
systems tint
13 F a e
Deborah A. Sottek
QUALIFICATMONS: An experienced professional with over 24 years of experience and proven reswths and aoaanplishments in
affa,iablc housir p6dP40 resoMrah a?W Broom vmtry, fc4eral 9'a^x :rnplemmCation bur 9ht soma -Xi*,
autsmmdng skits in ccmmuticaton, problem smmg and p.,*ct management
EXPEFJENCE:
Feb 1M - PreseTA kWepe Weat Grant Conaultaat
Cef cf xc•ro Ckf ri5verra .DdA Lkt of vuvr•
cif Gf:aW-d* Gi , of a ra cxy rF Visle
Uyd s C#/ of SW Bfma 'dr* cib a(M+&-eyP#,*
:?,cfSx Mrs Leii�saac GayofFmgr• t } ofBC•pn
Slcrw"w AccompLiStiAiEf{Ts
• Ctipr 20 years of consuvng experience workesg with 'Deaf govem-nent and non-pr f is am the implen*rviatcn cf af%rcWe housng
projects, puhlie service activities and public %vrks protects with a keen understanding and extensive exper%we in she mberpreatior.
of local, sta'ue and federal regnriaiory reopiremetis
• Development of program and policy documents andior te&wrica' assistance to government cherit agencies
+ P eparation of over 15 HUD-Fegtsr+ed five year and am" community development ea"ies (Carsotdafed F%v Year Action Plans
and Annual Performance Reports)
• Rmd on experienoe W the federal kgegrabed Disbursement and information System (013) Program
• Experienoed in the irrterprembor. and appit;ation of federal and state repdrj3m perbitrtg to e4gble use if futds, wage compiance,
reribWamm res&KbDns, and relocation
• Respofsble ier writing 15 seoessfrl Stag of California ff-D grant aWcations in6u4lisg CDBG, =Df ; 1f H?, and CaNOME which
irduded nterpreation of appfication mattertals and grant regudatiens
• Faaftated negotiadrxn with potentsl iR%%eM idevelopers and tenders to seame participation in affordable multi#amly new
mns-In ction, ao*sition and f4ubi-tation pr4eds
• Euaeren ed it analp-ing feaWli:y of commeurity development projects irrAxkq co berrefd and compliance with applicable
finding sources
• klonitor and track housing budgets inducing prepaation of ackustmernss: transfers and appropriatiats
• Assist de wiope m and individual owners th000 the entitlement process inciudng plarrung, bwiidirg: outside agency approvals, etc.
• Coordnafed acquisition, rehabiR um and resale of 13 Q4-owrkad FHA condominiums including preparation of Puvhase:
Agreement Dsdasure Statement, property, transfer and Gene anstnenens (e.g., gram deed, deed of trust, cove rants, agreements)
• Prepared staff report and memorandums for City CoufK4, PLwirvng Commission and otiwr entties as requested
+ Adernd and present agenda items to City Councils anal Redevefgw erd Agencies
• Present inforrzbon it the public at group or tseighbarhoodrtauros meetings
• A:6w and anpiemertter of multiple fist -time hxw"er programs. single-family and mxiti brWy hacr<_asg relub (nation programs
• ! espcatsibie for iuf service operation of CDBG and State HOME-fnrnded, single-family and nA4amiiy housing rehabifi*e n ban
ad grass programs inducing application processing, icon document processing and urdatirritittg, and consIrwicin management
+ Developed and coordinated RFQ and RFP processes for selecting developers and srboertsultatr s for h ms-ing protecs ndtxfing
rranufacured housing replaeenertt and new const%ctior
• Cversj*A of Lead -Based Paget Risk Assexyr eers: Abatement and Phase I and Phase I: Envvowemal sae assessments
• Created Access Database for :ow donment "aration and proje-- martageneM and monitoring
• BrAlent srdersttantfng of and skHls in'the use of Word, Excel AoDess and PawerPont
EDUCATION: University of California at Los Angeles
SUPPLEMENTAL INFORMATION
Bachelor of Arts (19%)
Other Skills: hteract with all members of City Cowcal and DepartmarA Directors, prepare staff reportc for City
Manager on Council Agenda items pertaining to Esc Devebpment for City Council
meetings; leadership twiner. educator. customer service excellence: higi energy performer,
participative rnanagernent style and strong team building sM., excellent orgartiz6orW
management Wls: Computer stalls: Knowledge of iatJest software packages. e.g., Word, Aamn,
PDF Excel. Publisher, Pow t OutoDk eruct lirtemet; familiar with IRIS sgstarms
Licerfies Garfomia Real Estate Broker (Lim--,e s0; 218736)
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 Vll.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
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 requirements of 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.
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