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CC - Item 4G - Amendment to the Professional Services Agreement for Priscila Davila and Associates, Inc. E M F ill 6,r1 r0 9 ° ROSEMEAD CITY COUNCIL CIVIC PRIDE STAFF REPORT /NCORPORATED 1959 TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER JA . DATE: DECEMBER 8, 2020 SUBJECT: AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR PRISCILA DAVILA AND ASSOCIATES, INC. SUMMARY On September 25, 2019, the City Manager executed a Professional Services Agreement with Priscila Davila and Associates, Inc. for the daily program activities of the City's Federal Housing and Urban Development (HUD) Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) programs in the amount of$30,000 for a one year term. The City of Rosemead received a special allocation of $443,682 in the first round of CDBG coronavirus (CDBG-CV) grants on April 2, 2020. Due to the unanticipated time and costs related the CDBG-CV activities, an amendment to the Priscila Davila and Associates, Inc. Agreement is needed. The amendment will increase the contract amount by $9,000.00 which is necessary to pay the outstanding invoices for August and September 2020. STAFF RECOMMENDATION It is recommended that the City Council approve Amendment No. 1 to increase the 2019 Professional Services Agreement with Priscila Davila and Associates, Inc. in the amount of $9,000.00 for a total contract amount of$39,000. DISCUSSION When the City executed the Agreement with Priscila Davila and Associates, Inc. (PDA) in September 2019, PDA was brought onboard to manage activities associated with the CDBG and HOME programs such as Handyman Grant, Owner Occupied Rehabilitation Program, and First Time Home Buyer Program on a one (1)year term at $30,000. In December 2019, a novel coronavirus known as COVID-19 was first detected overseas. On January 31, 2020, United States Secretary of Health and Human Services declared a public health emergency in response to COVID-19. As a result of the pandemic, the Coronavirus Aid, Relief and Economic Security Act(CARES Act), Public Law 116-136, made available $5 billion AGENDA ITEM 4.G City Council Meeting December 8,2020 Page 2 of 2 in supplemental Community Development Block Grant (CDBG) funding for grants to prevent, prepare for, and respond to coronavirus (CDBG-CV grants). The City of Rosemead received a special allocation of$443,682 in the first round of CDBG-CV grants, as noticed by HUD on April 2, 2020. The City is expected to receive an additional special allocation of$528,646 from the third round of CDBG-CV grant funding. Due to the pandemic and the unexpected amount of CDBG-CV funding received, the PDA activity costs have exceeded the amount of the Agreement ($30,000) and an amendment to the Agreement is necessary to increase compensation by approximately $9,000 to pay the balance of invoices from August and September 2020. The Priscila Davila and Associates, Inc. 2019 Agreement and Amendment No. 1 can be found as Attachments A and B. FISCAL IMPACT The City of Rosemead, as an Entitlement City, receives grant funds annually from HUD for CDBG and HOME activities. For Fiscal Year 2019-20,the City received $746,663 in CDBG and $351,721 in HOME funds. For Fiscal Year 2020-2021, the City received $754,219 in CDBG and $356,716 in HOME funds. An additional $972,328 has been allocated to Rosemead in CDBG- CV grants. 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, CDBG-CV and HOME rules also allow approximately 16% to 20% of the CDBG, CDBG-CV and HOME program activity budget to reimburse staff and consultant costs referred to as Activity Delivery Costs (ADC). Therefore, the outstanding balance of$9,000 in consultant service costs would be paid out of the said PAC and/or ADC allocations of the annual CDBG and HOME grants and special allocation of CDBG-CV funds. STRATEGIC PLAN IMPACT—None PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by: /,_,,,, AdACA- f 414u4416 Angelica Frausto-Lupo, Director of Community Development Attachment A:Priscila Davila and Associates, Inc. 2019 Professional Services Agreement Attachment B: Priscila Davila and Associates, Inc. 2019 PSA Amendment No. 1 City Council Meeting December 8,2020 Page 2 of 2 in supplemental Community Development Block Grant (CDBG) funding for grants to prevent, prepare for, and respond to coronavirus (CDBG-CV grants). The City of Rosemead received a special allocation of$443,682 in the first round of CDBG-CV grants, as noticed by HUD on April 2, 2020. The City is expected to receive an additional special allocation of$528,646 from the third round of CDBG-CV grant funding. Due to the pandemic and the unexpected amount of CDBG-CV funding received, the PDA activity costs have exceeded the amount of the Agreement ($30,000) and an amendment to the Agreement is necessary to increase compensation by approximately $9,000 to pay the balance of invoices from August and September 2020. The Priscila Davila and Associates, Inc. 2019 Agreement and Amendment No. 1 can be found as Attachments A and B. FISCAL IMPACT The City of Rosemead, as an Entitlement City, receives grant funds annually from HUD for CDBG and HOME activities. For Fiscal Year 2019-20,the City received $746,663 in CDBG and $351,721 in HOME funds. For Fiscal Year 2020-2021, the City received$754,219 in CDBG and $356,716 in HOME funds. An additional $972,328 has been allocated to Rosemead in CDBG- CV grants. 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, CDBG-CV and HOME rules also allow approximately 16% to 20% of the CDBG, CDBG-CV and HOME program activity budget to reimburse staff and consultant costs referred to as Activity Delivery Costs (ADC). Therefore, the outstanding balance of$9,000 in consultant service costs would be paid out of the said PAC and/or ADC allocations of the annual CDBG and HOME grants and special allocation of CDBG-CV funds. STRATEGIC PLAN IMPACT—None PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by: Angelica Frausto-Lupo, Director of Community Development Attachment A:Priscila Davila and Associates, Inc. 2019 Professional Services Agreement Attachment B: Priscila Davila and Associates, Inc. 2019 PSA Amendment No. 1 5 E F O '9 GMC 'PRIDB ip 14CORPORA7fi0011 Attachment A Priscila Davila and Associates, Inc. 2019 Professional Services Agreement 41.1'M 9 a ' CIVIC PRIDE Tt, or 14CCRPpR-- 0 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 25th day of September, 2019 ("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 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." 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's Community Development Department ("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 Priscila Davila &Associates, Inc. Page 2 of 11 services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be for a one (1) year time period 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 Priscila Davila &Associates, Inc. Page 3of11 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. 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 itto 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, Priscila Davila &Associates, Inc. Page 4 of 11 officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement,from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 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 Thirty Thousand Dollars ($30,000.00) and in accordance with Consultant's proposal dated September 23, 2019. 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. Priscila Davila &Associates, Inc. Page 5 of 11 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" 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. Priscila Davila &Associates, Inc. Page 6 of 11 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: Priscila Davila &Associates, Inc. 1501 North Harbor Blvd., Suite 209 Fullerton, CA 92835 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. Priscila Davila &Associates, Inc. Page 7 of 11 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 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. Priscila Davila.&Associates, Inc. Page 8 of 11 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 Priscila Davila &Associates, Inc. Page 9 of 11 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. Priscila Davila &Associates, Inc. Page 10 of 11 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 11 of 11 CITY OF ROSEMEAD PRISCILA DAVILA &ASSOCIATES, INC. B _, _ $JGL-<4h , By: .�.. cDa ,Gloria Molleda, City Manager Dj242 to Date Name?r‘S6 cx- 0.V; 10. Attest: Title:?r 0 n Cepa. City Clerk Date [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] • Approved.as to Form: By: /O 9 ��. Name: 'ache! 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's Community Development Department("Project"). Attached Proposal dated September 23, 2019 • A-1 . PRISCILA DAVILA & ASSOCIATES, INC. __, 1 501 North Harbor Blvd., Suite 209 f Fullerton, California 92835 (562) 673-3388 L Li `, ri r 1, prisciladh@yahoo.com RESPONSE TO CITY OF ROSEMEAD REQUEST FOR PROPOSAL FOR ADMINISTRATION OF HOME/CDBG PROGRAMS SUBMITTED FOR CONSIDERATION TO: City of Rosemead Community Development Department 8838 E. Valley Boulevard Rosemead, California 91770 September 23, 2019 TABLE OF CONTENTS Executive Summary ... 2 HUD Document - Specific Services '3 1. Annual Action Plan (2019-2020) 3 2. Five Year Consolidated Plan (2019-2024) 3 3. CAPER 3 4. Consolidated Plan Timeline . 3 Additional Available Services 4 1. General Grant Administration 4 2. Environmental Review Records 4 3. Davis-Bacon Wage Compliance 4 4. Section 3 Compliance 4 5. Contractor/Subcontractor Activity Reports 4 6. Housing Rehabilitation Services 5 7. Commercial Facade Program (New) 5 Personnel - Direct Services Team 6 Experience/References 7 Cost Schedule (Updated) 9-10 Resumes 11 I Page EXECUTIVE SUMMARY Priscila Davila & Associates, Inc. is a firm with 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 (Priscila Davila, Deborah Sottek and John Sottek) are the persons 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. Summary of Experience/Services - The following is a summary of the various services provided by Priscila Davila &Associates, Inc. since 1994, for over 20 cities: • Preparation of Five-Year Consolidated Plans, • Preparation of Annual Action Plan and Consolidated Annual Performance Evaluation Reports, • Preparation of Citizen Participation Plans, • Preparation of Analysis to Impediments to Fair Housing Choice (A.I.), • 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, HOME, State HOME, NSP and ESG-funded program/project design, development and Implementation, and • Ongoing program administration including processing subordinations and loan payoffs for first-time buyer and owner-occupants 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 Developmentand the State of California Housing and Community Development. Additional Qualifications (Real Estate Broker) - 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. 21 Page HUD DOCUMENT - SPECIFIC SERVICES The key person responsible under this component will be Priscila Davila. The following summarizes the services proposed for grant administration: 1.. ANNUAL ACTION PLAN (2019-2020) A. Prepare all HUD required reports, notices, and documents necessary to process any City approved amendments to and/or the 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. Assistance in compiling eligibility documentation in accordance with HUD regulations for program year funded projects, including National Objective determinations. F. Set-up and maintain activities and narratives in the Integrated Disbursement Information System (IDIS). 2. FIVE YEAR CONSOLIDATED PLAN (2019-2024) A. Prepare all HUD required reports, notices, and documents necessary to process any City approved amendments to the Consolidated Plan. B. Perform relevant consultations and data collection to complete the required HUD tables and the analysis of housing and non-housing needs and IDIS entry. C. Conduct public hearings and study sessions, as needed. D. Prepare draft public hearing notices and other public notices as may be applicable. E. Conduct consultations with private agencies, public agencies and community groups as required. 3. CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT 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 • Community Development • Housing Needs • Antipoverty Strategy • Specific Housing Objectives 4. 2019-2020 ACTION PLAN/2020-2024 FIVE YEAR CONSOLIDATED PLAN TIMELINE December January February TIMELINE 2018 2019 2019 March 2019 April2019 May 2019 Drafting of Plan February 1,2019 to April 19,2019 Community Forums 3/5/2019 and.3/12/19, Draft of Document for Staff Review 3/29/2019 Presentation of Draft to Public a "J��l 3IPage ADDITIONAL AVAILABLE. 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 subrecip.ients 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. Providemonthlystatus reports for work programs/projects assigned. 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. • Statutory Work Sheet. • Appendix A. 3. DAVIS-BACON WAGE COMPLIANCE A. Provide Davis-Bacon Wage compliance procedures. B. Provide Davis-Bacon project monitoring compliance, as applicable. C. Provide labor compliance services for the City of Rosemead's CDBG and HOME funded projects. 4. SECTION 3 COMPLIANCE A. Provide Section 3 compliance procedures. . B. Provide Section 3 project reporting/monitoring, as applicable. 5. CONTRACTOR/SUBCONTACTOR ACTIVITY REPORTS Prepare Contractor/Subcontractor Activity Report, as applicable. Wage ADDITIONAL AVAILABLE SERVICES (CONTINUED) 6. 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, Employment Development Department, 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; and 5. Prepare and transmit all correspondence including additional information requests, approval, denial letters, etc. B. Document Preparation 1. Prepare grant/loan/construction contracts 2. 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; and 3. General project construction oversight. 7. COMMERICAL FACADE PROGRAM IMPLEMENTATION SERVICES A. Business Qualification 1. Business Qualification 2. Ability to maintain employee(s)for at least one (1) year. 3. Evaluate Balance Sheet for soundness. 4. Evaluate historical earnings and cash flow records • 5. Determine availability of collateral equal to 10%or more of amount loaned. 6. Determine business ability to commit personal and corporate guarantees. Evaluate management experience 7. Analyze business plan to determine monthly cash flow statement for the first year 8. Evaluate the character of the business owners and management in terms of credit histories, reputation for treating customers fairly, no bankruptcy in the past five years, and a clean criminal record. B. Construction Management - The following services are offered for the housing rehabilitation program: 1. Arrange/Conduct inspections; 2. Develop written scope of work; and 3. General project construction oversight. C. Document Preparation a. Prepare grant/loan/construction contracts b. Prepare and transmit all correspondence including additional information requests, approval, denial letters, etc. D. Monitoring a. Review quarterly reports for compliance b. Follow-up with business owner regarding non-compliance c. Provide City staff with compliance assessment report d. Coordinate any non-compliance actions with City staff SIPage PERSONNEL - DIRECT SERVICES TEAM The following is a listing of the key personnel performing the specific program tasks outlined in the RFP. Complete resumes for each person can be found in the "Resume" section of this proposal. Priscila Davila - Ms. Davila has over eighteen (18) 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 "Administration Specific" component of this proposal including but limited to the development and preparation of the HUD- required consolidated planning documents. Her focus will be the general administration of all of the City's HUD-funded grants and programs identified in the City's Request for Proposal. Ms. Davila will provide general oversight and management of the CDBG and HOME programs. She will meet with City staff on a monthly basis, or as needed, to discuss project status and implementation. She will charge at the Principal Rate 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 is the development and preparation of the HUD-required consolidated planning documents. Her focus will be developing the written narrative and analysis. Ms. Sottek will be lead person for services performed under the "Additional Services - First-time Homebuyer and Housing Rehabilitation" component of this proposal. She will charge at the Principal Rate for time expended on project management, attending meetings, telephone calls, research time and preparing documents. lohn Sottek - John Sottek has over twenty years of experience in housing rehabilitation as a construction manager/inspector for City-sponsored housing rehabilitation programs. Mr. Sottek will be lead person (if needed) for services performed under the "Additional Services - Construction Management' component of this proposal. Mr; Sottek will be the primary person responsible for the following: HQS Inspections in accordance with HUD's Housing Quality Standards (24 CFR 982.401) and City policy for the City's Tenant based rental assistance program. He will charge at the Principal Rate for time expended on project management, attending meetings, telephone calls, research time and preparing documents. ADDITIONAL SUPPORT STAFF The following persons will provide off-site administrative support to the direct services team. Geovannie Castro - Assist in compiling data for analysis, preparing draft written documents, reviewing applications, property equity reviews based on comparable sales and/or appraisals depending on need, loan document preparation, preparing reports, monitoring expenditures. Kathy Redman - Assist in compiling data for analysis, preparing draft written documents, inspection coordinator, bids and document signings, filing and releasing liens, file record maintenance. Wage EXPERIENCE/REFERENCES Client History: The following is a history of agencies served by Priscila Davila & Associates in the programs outlined in the City's request for proposal: City of Gardena City of Pasadena City of Brea City of San Juan Capistrano City of Lawndale City of Bellflower City of Corona City of San Bernardino City of Huntington Park City of Montebello City of Cypress Su Casa Apartments City of South Gate City of Buena Park City of El Cajon City of San Marcos City of Monterey Park City of Chino City of Encinitas City of La Palma The following is a list of current references for the services outlined in the City's request for proposal. City of Monterey Park 2008-Present Community& Economic Development Department Responsible Persons: 320 W New Mark Avenue Priscila Davila&Deborah Sottek Monterey Park, CA 91754 Funding Source(s): Michael Huntley. Director HOME&CDBG Responsibilities: General consulting services in support of the City's administration of the CDBG and State HOME funded programs; preparation of environmental documentation, preparation/attendance at HUD monitorings and City single audits, preparation of 2011 and 2016 Five Year Consolidated Plans, 2007 to 2018 Annual Action Plans and CAPERs, 2007 and 2016 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. City of Gardena 2003-Present Community Development Department/Administrative Services Responsible Person: 1700 W. 162nd Street Deborah Sottek Gardena, CA 90247 Funding Source(s): Mary Simonell,Administrative Analyst II State HOME&CDBG (310)217-6109 Carol Nishi, Administrative Aide (310)217-9645 Responsibilities: General consulting services in support of the City's administration of the CDBG and State HOME funded programs; preparation of environmental documentation, preparation/attendance at HUD monitorings and City single audits, preparation of 2011 and 2016 Five Year Consolidated Plans, 2007 to 2018 Annual Action Plans and CAPERs, 2007 and 2016 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. City of Pasadena 2008-Present Housing Department Responsible Person: 649 North Fair Oaks Avenue, Suite 202 Priscila Davila and John Sottek Pasadena, California 91109 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 71 Page EXPERIENCE/REFERENCES (CONTINUED) RELEVANT PRIOR EXPERIENCE City of South Gate 2006-2017 Community Development Department Responsible Person: 8650 California Avenue Priscila Davila South Gate, CA 90280 (323) 563-9585 Funding Source(s): Ms.Vivian Garcia HOME, CDBG, ESG, NSP&Cal-Home Responsibilities: Provided grant coordination and management of the CDBG, HOME and ESG Programs. Prepared Consolidated Plans, Annual Action Plans, CAPERs, Citizen Participation Plan, and Plan amendments. Assisted in Program Implementation of the Neighborhood Stabilization Program. Established Program timelines, goals and deliverables for all CPD Programs. Priscila Davila performed all programmatic entries in IDIS. In addition, Ms. Davila managed all Community Housing Development Organization's (CHDO) projects and monitored prevailing,wages when required. City of Huntington Park 2001-2004 Community Development Department Responsible Person: 6550 Miles Avenue Priscila Davila Huntington Park, CA 90255 Phone No.: (323) 584-6210 Funding Source(s): Mr. Manuel Acosta, Housing and Community HOME, CDBG&ESG Development Manager Responsibilities: Researched and prepared grant applications for the Community Development Department. Administered implemented the City's CDBG, HOME and ESG grants. Prepared the City's Annual Action Plans and CAPERs. Priscila Davila prepared staff reports and represented the City on grant matters. In addition, Ms. Davila executed contracts with sub-recipients and consultants, and prepared the City's annual budget for grants and Community Development Department. City of Bellflower 2011-2014 Economic Development Department Responsible Person: 16600 Civic Center Drive Priscila Davila Bellflower,CA 90706 Phone No.: (562) 804-1424 ext. Funding Source(s): Brian Lee, Director of Economic Development HOME, CDBG& ESG Responsibilities: Provided general administrative services for the City of Bellflower including but were not limited to the following: Preparation of the Annual Action Plan and annual CAPER, HUD audit preparation, Integrated Disbursement Information System (IDIS) technical support, respond to HUD correspondence, make presentations to City Council, Parks and Recreation Commission and City staff, attendance at preconstruction meeting, Section 3 Compliance, consultation and technical assistance on regulatory compliance. Additionally, Priscila Davila assisted with the development of affordable housing projects, technical assistance to prospective Community Housing Development Organizations (CHDOs), overall grant management, budget preparation, and acts as a liaison-between the City and HUD. Wage COST SCHEDULE GENERAL PROGRAM ADMINISTRATION Task Hourly Rate Priscila Davila $75.00 Deborah Sottek $75.00 HUD REPORTS Task Hourly Projected " Total Cost ' Rate Hours Staff Responsible Primary: Priscila Davila Secondary: Deborah Sottek Five-Year Consolidated Plan $80.00 240 $19,200.00 Annual Action Plan $80.00 55 $4,400.00 CAPER $80.00 45 $3,600.00 COMMERICAL FACADE PROGRAM Task Cost Per Application Application Processing/New Hire Assessment $1,550.00 Loan Document $550.00 Pre aration/Execution/Recordation Construction Oversight/Payments/Inspections $650.00 Davis-Bacon Compliance $500.00 Total Cost $3,250.00 Compliance Monitoring Additional $2,500.00 per loan for monitoring billed on a quarterly basis durin• the one- ear corn•liance period. Asbestos/Lead Based Paint Asbestos and Lead Based Paint Related Costs - refer to page 10. Staff Responsible Primary: Priscila Davila Secondary: Deborah Sottek 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. HOUSING REHABLITATION SERVICES L-ASE MigE OVIIIM PA 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. 9IPage COST SCHEDULE (CONTINUED) FEES PER FEES DESCRIPTION OF WORK GRANT PER LOAN Application Processing(Applicant/Property Eligibility Determination) $275.00 $575.00 Preparation of Environmental Documentation $175.00 $175.00 Initial Property Inspection&Preliminary Cost Analysis $250.00 $550.00 Work Specifications,Final Specifications for Bidding $150.00 $500.00 BID PROCESS Coordination of Bid Process and Bid Walks with Homeowner and Contractors Review of Bids,follow-up $225.00 $550.00 Verification of License&Insurance Selection&Award of Contract Additional bid:walks billed hourly @$75.00 CONTRACTOR SELECTION Award of Contract Preparation of Construction Contract $225.00 $550.00 Verification of Selected Contractor State License,non-debarment,required insurance(s),and City business license Construction contract execution meeting with Homeowner/Selected Contractor Multiple contracts(per additional contract-i.e.trade contractors)____, _ $100.00 $100.00 -New/changed contracts due to owner/contractor decision to terminate contract(per new contract): $15000 $250.00- EXECUTION OF LOAN/GRANT DOCUMENTS Loan/Grant Document Preparation,execution&transmittal for recording. $175.00 $425.00 Loan/Grant Closing CONSTRUCTION MANAGEMENT Oversight of project under construction Progress Inspections $275.00 $850 Payment processing Change Order processing Up to three months of service,additional months billed @$200.00 per month or partial month 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 $1,825.00 $4,325.00 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 $100.00 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&Clarlc) $220.00 Lead Based Paint Clearance Re-Inspection(Barr&Clark) This cost can be transferred to General Contractor. $220.00 10IPage RESUMES pluscuADAvu.A. 1235 NortBathos Mt,Smite 240 ruBerton,California 92032 (562)673-3356 gaiscdadh: ahao.00 EMPLOY IT EXPERIENCE: Pdscila-Mega.&Associates May 206—Current CDBG f HOME/ESG Consultant • Provide professional services to augment and mentor city stiff in the areas of Community Development Block Gcant (CDBG), HOME Investment Partnerships and Eceergeacy Solutions Gant(MG)Programs; + Activities inchlde program administration assistance, project management, and IDIS Frogs=assasta ice; •), Provide assistance an analyzing and developing proposed affordable housing and projects related to CDBGf BONNE prog ram guidelines; + Assist on specific repenting regaiemnents,such as the Annual Action:Plata and CAPER and p e attation of requests for proposals; + Monitor and maintain records en CDBG,HOME and ESG; •;• Provide advice and inhumation on banding opportonrtres,reguieenaems and procedures; + Coordinate pros rtes with Community* msmgDevelopment Organ xons(CH30s)and affusdablekosi per,;,caaediaate agreement a:ad motor projects. City of Baldwin Path Nov.2004—May 2006 Grants Adiniammon • Perfotaned a-variety of analyses and studies to identify State and Federal funding options; s'? Performed time-critical and car fl hath zl studies Delated to fiscal and ado inistratise requirements of giant programs; + Assistedin the grants solicitation process; • Planned and coordinated the implementation of awarded grants to ensure that the City was in compliance with.apphable laws anlreglations; + Monitoredand audited giant expenses. City of Huntington Pads Aug.2001—Nov.21101 CDSG Project Coordinator + Research and prepare grant applications for the Community Development Denairn,amsi ':• Administer the City's Community Development Block Grant, HOME Investment Partnership and EmergencyShelter grants; + Organize and implement the administration of grits iterated; Prepare Annual Action Pian and Consolidated Animal Perfetn once Evaloatwn.Report (CAPER)to the Decarint nt of Housing and Urban Development • Prepare staff reports and represent the Ciel-,an-gnnt matters; + Enema contacts with sub-recipients and consultants; • Monitor sub—recipients to ensure compliance with federal tegairements; a* Ensure ithe City's compliance with requirements of awarded grants; + PerfomnEnvscanmentalreviews and Davis-Bacon monitoning + Prepare City's annual budget for gams and Community.Development Department; + Attend'meetings and speak=public gatherings. 11IPage I . . _ - Deborah A Softek .powficiFf ON ' . 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QIIL4IFICA1ONS: M.expenrataed prmthssiged over 20 k.edrs mff enpgrir itce and praean malts and ec mpGshmeerts.ln, aamslaatctiaas:nunag ent'aid'ail:eaten.serteces..lies f4*r nt3d,fedarsl[ P ed;heuset9 and -. . ; izad deaaktrae Etprcgr.es;Qa include!tali-and::ingte tapiyndiaitiEtadan and hesitate her slyer- - : peograms.,Poioaanikdpragrarmaoiistrabanservicesfarla ialagersss i:inaeas.GI, Conrieilr,Ee m nt - - Bib*'Grantia and HOME. cbsdiag eirda:xm•ital reverrs and Leadfiiased:Paintmra Mamd'Ele awn.>8a• , . : •-addi iter be kas.patidded Imo giacessiiig ierv-iies as weft as Davis-Baron i is idaira3.. ._ - ,- • :Fe4,12911.-fit- ' hdepmdeat.CuantGoteuItatt: . - orr . ritir : crIira � , s ctraF .. 'SWAB' _ sem, .; Ou9t021)sears 0Otetd ig ezperteeoe arad ng;allt lamp gavemment aad s ,ar the.in ea uadatian alhausEas rdsa '..ii iin_ - . jests,001.akeeripsde,sFaridegaaulomshrg:Ove,dific.e:il the ity,ttf06111O1tocalpst -anblfecfeial atarl.aequiremem .: • BJtheloa"a degree an 9usaress 5anfiaan Cairomc umbel*Long tiesat3e. •. - - _ " : . .s ta5sed tate a9 ni®C tion isam an ai°>itspeaur staffeatead haaad pa d ne: "- - •. - . . _ . . r't3ryedit aexpene.ataenideiltiae2 •and9-de25'afieS ediCafifamaiaHousngCade: • cera eked alt,91O rig d • Transig esl irLtiruig to Lead cmaabon,lns t/Assessor;.W,aker and Sgervac►.. - •• TOla�m®liedevelapmteratta?;,w0..srersedasW erate5oraihapt•affastnyrs heueegreegirements - . • Oversee ilie,***dial rtna'h.Thaan ot 101;*Op:artrl ittalf4dimity rep*eno a rsdudhg. tai:detailed iamk , _�pec3s�abcras • .'. - : -•• a tterfomiatiaptattelpua6ca.`groigurrtaa vafrtueetia9s • : . - • Fleemis1 to far fuli..ktuiceinpmaliarts CMG and.stae HOME lie ded,,si_nile fanuljl and nrrlti-faaiiy housita:uddraial an 10an . . . and au4 ms an n3 aPpV n priseegfr g,iaan docs mens andunderu r.iti g,and carats nia�ageosaRt'-- a..'Oikier2.1Ahtcrf.t l-grapottRis a1!.sses tt MatementandFhasefandI iaseUEmercauaeidal assessir 5ls_ ,•=. CreatitiAco tabasefastaamdppumentpre iithrarto pmjectinvridgeneentaadsria itg -. • . EraieltEaturtderrefav e'fandsta•ssntite dtViord,E>addlaees;and as ed:W t : - • . _•- Et 10110* - - .(a1ifi tiaSi egni tsity:atl ngBe2t 11 - - 9aa1seicelgAds _d 996s$ , _• - . _ • " • 13IPage , 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 insuranceproceeds 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 inno.event less than $1 Million per occurrence. C-1 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 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. C-2 7. Proof of compliance withthese 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 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 beingrequired) 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 andreview 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. C-3 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. 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 C-4 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. 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 iI C F 1::: CIVIC PRIDE Myr RATEO ASIP Attachment B Priscila Davila and Associates, Inc. 2019 Professional Services Agreement Amendment No. 1 MAYOR: City ofsemeai SANDRA ARMENIA E E. o 1 MAYOR PRO TEM: a c POLLY LOW CI/1G PPDF 8838 E.VALLEY BOULEVARD P.O BOX 399 COUNCIL MEMBERS: 7 ROSEMEAD,CALIFORNIA 91770 MARGARET CLARK TELEPHONE(626)569-2100 SEAN DANG acoRrop' o0 FAX(626)307-9218 STEVEN LY AMENDMENT TO 2019 PROFESSIONAL SERVICES AGREEMENT The Professional Services Agreement entered into on September 25, 2019 between the City of Rosemead and Priscila Davila and Associates, Inc., for managing CDBG and HOME programs is amended as follows: 1. Increase Compensation by $9,000.000 to pay the balance of invoices from August and September 2020 resulting from unexpected costs related to CDBG-CV activities. 2. All other terms and conditions contain in the Professional Services Agreement shall remain in full force and effect. Executed this 8th day of December, 2020. [ Signatures on next page ] Priscila Davila and Associates, Inc. City of Rosemead By: By: Name: Priscila Davila Name: Gloria Molleda Title: Principal Title: City Manager Address: 34 Plaza Square, Ste. 206 Address: 8838 Valley Boulevard Orange, CA 92866 Rosemead, CA 91770 Attest: Title: Ericka Hernandez City Clerk [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Approved as to Form: By: Name: Rachel Richman, City Attorney Burke, Williams & Sorensen, LLP Title: