HomeMy WebLinkAbout03. Approve PSA w-MDG Assoc. to Prepare US Dept of Housing & Urban Development 5 Yr Consolidated PlanItem No.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITYI '^4
FROM: OFFICE OF THE CITY MANAGER
ALDO E. SCHINDLER,ICOMMUNITY DEVELOPMENi�
DATE: JULY 9, 2019
PROFESSIONAL SERVICES AGREEMENT WITH MDG
PREPARE THE U.S. DEPARTMENT OF l URBAN DEVELOPME
CONSOLIDATED
That the City Council approve a Professional Services Agreement to prepare the U.S. Department of
Housing and Urban Development 5 -Year Consolidated Plan, Citizen Participation Plan, Annual Action
Plan, and Analysis of Impediments to Fair Housing Choice Plan for an amount not to exceed $44,900
with MDG Associates, Inc., and authorize the City Manager to execute any and all amendments to the
agreement.
The U.S. Department of Housing and Urban Development ("HUD") provides the City of Downey
("City") with its annual entitlement of Community Development Block Grant ("CDBG") and Home
Investment Partnership ("HOME") grant. These two federal grants are available to the City for a variety
of community development activities including affordable housing activities, neighborhood
improvement programs, economic development strategies, improvement of public facilities, and
support for needed public services. The CDBG and HOME grants can be used for a wide range of
eligible activities, which primarily benefit low- and moderate -income households.
As a recipient of both CDBG and HOME funds, the City is required by HUD to complete a consolidated
planning process five years. The consolidated planning process encompasses the preparation of the
5 -Year Consolidated Plan ("ConPlan"), a Citizen Participation Plan ("CPP"), an Annual Action Plan
("Action Plan"), and an Analysis of Impediments to Fair Housing Choice Report ("Al").
The ConPlan is designed to help local jurisdictions 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
CDBG and HOME.
PROFESSIONAL SERVICES AGREEMENT WITH MDG ASSOCIATES, INC.
JULY 9, 2019
PAGE 2
The ConPlan is carried out through annual Action Plans, which provide a concise summary of the
actions, activities, and the specific federal and non-federal resources that will be used each year to
address the priority needs and specific goals identified by the ConPlan.
With exception to the Action Plan, all documents in the consolidated planning process are required to
be updated every three to five years; the Action Plan is required to be updated and submitted annually
to HUD. The deadline to submit the updated documents to HUD is May 15, 2020. The City of
Downey is expected to receive approximately $1.5 million annually in federal CDBG and HOME
funding; according to Title 24 CFR Part 91, the consolidated planning process is required by HUD for
the City to receive any future federal CDBG and HOME funding.
In May 2019, staff sent a Request for Proposals ("RFP") for consulting services to prepare the
ConPlan, Action Plan, CPP, and Al report. The RFP was distributed to seven consultants that
specialize in the development of the HUD consolidated planning process: MDG Associates, Inc., The
Ramsay Group, Wildan, Michael Baker International, Comprehensive Housing Services, Institute of
Urban Initiative, and Priscilla Davila. The City's RFP process resulted in two responses from the
following firms: MDG Associates, Inc. and The Ramsay Group. The remaining five consultants either
notified city staff that they were not interested in submitting a proposal or did not respond.
Three city staff members from two different departments, the Community Development and City
Manager's Office, reviewed and rated the proposals based on the minimum requirements stipulated in
the RFP. Upon completion of the review, staff was most impressed by MDG Associates, Inc., due to
their comprehensive response to the RFP, their industry experience, and their capacity to thoroughly
complete the services on-time. Although MDG Associates, Inc. did not provide the lowest cost, the
firm has provided a complete proposal that included all HUD required Plans, including: the completion
of the CPP, hosting a minimum of six community meetings, translation services of the new Plans to
other required languages, the preparation of all reports, maps, documents, and materials, and review
of the City's Language Access Plan to ensure it meets HUD's requirements, all of which The Ramsay
Group did not include in their proposal. A breakdown of the proposed service costs is listed as
Attachment "A".
MDG Associates, Inc., has 28 years of experience. Since 2010, the firm has completed 32
Consolidated Plans and 25 Analysis of Impediments to Fair Housing Choice. MDG Associates, Inc.
currently provides administration and implementation services for HUD related programs to over 30
cities and three counties with funds totaling over $80 million. In addition, MDG Associates, Inc. staff
works with HUD Headquarters to provide training to other public jurisdictions throughout the country.
City staff is confident that MDG Associates, Inc. will complete the City's consolidated planning process
and address all of the needs and regulations imposed by HUD.
WAK9111 ► Lei I NU :4101:4
Fiscal Responsibility
Public Engagement
PROFESSIONAL SERVICES AGREEMENT WITH MDG ASSOCIATES, INC.
JULY 9, 2019
PAGE 3
Approval of this item will not impact the general fund, and will reduce the CDBG and HOME
administration budgets by $44,900.
ATTACHMENTS
Attachment A — Consultant Services
Attachment B — Professional Services Agreement
MDG Associates, Inc.
Service
5 -Year Consolidated Plan
1,9t Year Action Plan
Citizen Participation Plan
Develop GIS Maps
6 -Community Meetings
Develop Strategic Plans and Goals
Prepare Analysis of Impediments
to Fair Housing Choice
6- Community Meetings for Al
E3= .• �
Develop Conclusions &
Recommendations from Dat
Collection
Prepare final Analysis of
Impediments
Review of the City's Limited
English Proficiency (LEP) PI
0
The Ramsay Group
Cost F Service Cost
$26,500 5 -Year Consolidated Plan $12,780
1s` Year Action Plan
2 -Community Meetings
$18,400 Prepare Analysis of Impediments $6,600
to Fair Housing Choice
Review Policies that restrict Fair
Housing
Prepare final Analysis of
Impediments
$0
1. PARTIES AND DATE.
This Agreement is made and entered into this 10th day of July, 2019 by and between
the City of Downey, a California municipal corporation and charter city with its principal
place of business at 11111 Brookshire Avenue, Downey California 90241 ("City") and MDG
Associates, Inc., a California Corporation, with its principal place of business at 10722 Arrow
Route, Suite 822, Rancho Cucamonga, California 91730 ("Consultant"). City and Consultant
are sometimes individually referred to as "Party" and collectively as "Parties."
2. RECITALS.
MEN =1�111
Consultant desires to perform and assume responsibility for the provision of certain
professional Housing Consulting services required by City on the terms and conditions set
forth in this Agreement. Consultant represents that it has demonstrated competence and
experience in providing Consolidated Planning and Analysis of Impediment services to
public clients, is licensed in the State of California, and is familiar with the plans of City.
City desires to engage Consultant to render such services required by the U.S.
Department of Housing and Urban Development for the preparation of the 5 -Year
Consolidated Plan, Annual Action Plan, Citizen Participation Plan, and Analysis of
Impediments to Fair Housing Choice Plan ("Project") as set forth in this Agreement.
3. TERMS.
3.1.1 General Scope of Services.. Consultant promises and agrees to furnish
to City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional Housing Consulting services
necessary for the Project ("Services"). The Services are more particularly described in
Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be
subject to, and performed in accordance with, this Agreement, the exhibits attached hereto
and incorporated herein by reference, and all applicable local, state and federal laws, rules
and regulations.
its own cost and expense and without reimbursement from the City, any services necessary
to correct errors or omissions which are caused by the Consultant's failure to comply with the
standard of care provided for herein. Any employee of the Consultant or its sub -consultants
who is determined by the City to be uncooperative, incompetent, a threat to the adequate or
timely completion of the Project, a threat to the safety of persons or property, or any
employee who fails or refuses to perform the Services in a manner consistent with the
standard of care set forth herein, shall be promptly removed from the Project by the
Consultant and shall not be re-employed to perform any of the Services or to work on the
Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and
in compliance with all applicable local, state and federal laws, rules and regulations in force at
the time the Services are performed by Consultant and in any manner affecting the
performance of the Project or the Services, including all applicable 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 applicable 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. Consultant's violation of such laws, rules and regulations shall also
constitute a material breach of this Agreement.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence the
Services or the Project under this Agreement until it has provided evidence satisfactory to the
City that it has secured all insurance required under this section. In addition, Consultant shall
not allow any subcontractor to commence work on any subcontract until it has provided
evidence satisfactory to the City that the subcontractor has secured all insurance required
under this section. The City reserves the right to modify these requirements, including limits,
based on the nature of the risk, prior experience with insurer, coverage or other special
circumstances.
3.2.10.2 Minimum Reeuirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the
performance of the Agreement, the Services or the Project by the Consultant, its agents,
representatives, employees or subcontractors. Consultant shall also require all of its
subcontractors to procure and maintain the same insurance for the duration of the
Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. (1) Commercial General
Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence"
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respects the City, its directors, officials, officers, employees, agents and volunteers, or if
excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled
underlying coverage. Commercial General Liability insurance coverage may be provided in
the form of an endorsement to the Consultant's insurance (at lease as broad as ISO Form
CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38; and CG 20 37 forms if
later revisions are used).
(B) Waiver of Subrocation. Consultant hereby grants to City a
waiver of any right to subrogation which any insurer of said Consultant may acquire against
the City by virtue of the payment of any loss under said insurance policies set forth herein.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City has received a
waiver of subrogation endorsement from the insurer.
(C) All Covera es. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided,
reduced or canceled except with written notice by certified mail, return receipt requested to
the City; and (B) any failure to comply with reporting or other provisions of the policies,
including breaches of warranties, shall not affect coverage provided to the City, its directors,
officials, officers, employees, agents and volunteers.
3.2.10.5 Primary Coverage. For any claims related to this
Agreement, the Consultant's insurance coverage shall be primary insurance and primary
coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its directors,
officials, officers, employees, agents and volunteers. Any insurance or self-insurance
maintained by the City, its directors, officials, officers, employees, agents and volunteers shall
be excess of the Consultant's insurance and shall not be called upon to contribute with it in
any way.
3.2.10.6 Separation of Insureds: No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds provisions.
In addition,- shall not•, •ecial limitations on - scope of protection
afforded to the City, its directors officials, officers, employees, agents and volunteers.
3.2.10.7 Deductibles and Self -Insurance Retentions. Any
deductibles or self-insured retentions must be declared to and approved by the City. City may
require Consultant to provide proof of ability to pay losses and related investigations, claim
administration and defense expenses and costs within the retention. The policy language
shall provide or be endorsed to provide that the self-insured retention may be satisfied by
either the named insured or City.
3.2.10.8 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A:VII, authorized to do business in
California, and satisfactory to the City.
3.2.10 .9 Verification • „• • shall furnish City with
original certificates of insurance, including all required amendatory endorsements (or copies
of the applicable policy language effective coverage required by this provision) and a copy of
the Declarations and Endorsement Page of the Commercial General Liability policy listing all
• endorsements to the City before the commencement • • under this Agreement.
Howew, failure to obtain the reoired documents prior to the commencement of -work under
this Agreement shall not waive the Consultant's obligation to provide them to the City. The
City reserves the • to -•' complete, certified copies • all required insurance policies,
including endorsements, at any time.
3.2.10.10 Claims -Made Policies, If any of the policies provide
coverage on a claims -made basis:
(A) The retroactive • must be shown and must be before the date • this
Agreement • the •. work commences •_ this Agreement, whichever is earliest;
(B) Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the Services provided under this
Agreement;
(C) If coverage is canceled, non -renewed, and not replaced with another
claims -made policy form with a retroactive date prior to the effective date of this Agreement
• the date work commences under this Agreement, whichever is earliest, the •
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• the Services •- this Agreement.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant shall
at all times be in compliance with all applicable • 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
• 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 • all safety measures.
Comoensation. • shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set
forth in Exhibit "C" attached hereto and incorporated herein by reference. The total
compensation shall not exceed Forty -Four Thousand Nine Hundred D• ($44,900.00)
without written approval of the City. Extra Work may be authorized, as described below, and
if
• said Extra Work will be compensated at the rates and manner set forth in
Exhibit "C" of this
•
3.3.2 Pament of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods, as
appropriate, through the date of the statement. -City-shall, -within thirty (30) days -of receiving
such statement, review the statement and pay all approved charges thereon,
3.3.3 Reimbursement for EXDenses. Except as provided in Exhibit C,
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 the City Manager.
01 •� I 1 6 . . 0 0
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.
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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 either for cause
for the City's convenience 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. Consultant may only terminate this Agreement for caus
upon giving the City not less than seven (7) calendar days'written notice. I
11,pon 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. The City shall within fifteen (15) calendar days following termination pay the
Consultant for all services adequately rendered and all reimbursable costs incurred by
Consultant up to the date of termination, in accordance with the payment provisions of this
Agreement.
The following reasons shall constitute "cause" for which either party may terminate this
Agreement as provided herein:
0 Substantial failure by the other party to perform in accordance with the terms
this Agreement and through no fault of the terminating party;
0 Assignment of this Agreement or transfer of the Project by either party to any
other entity without the prior written consent of the other party;
0 Suspension of the Project or the Consultant's Services by the City for more th
ninety (90) calendar days, consecutive or in the aggregate, without good caus
0 Material changes in the condons under which this Agreement was entered
into, the Scope of Services or the nature of the Project, and the failure of the
parties to reach agreement on the compensation and schedule adjustments
necessitated by such changes.
3.5.1.2 Effect of Termination, If this Agreement is terminated as
provided herein, City may require �bonsultant to provide all finished or unfinished Documents
2nd 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 provi•'-
i -
Inc.
10722 Arrow Route, Suite 822
Rancho Cucamonga, California 91730
Phone: (909) 476-9696, Extension 103
E -Mail: rmunoz(amd
- •q ) -ldm.com
I r
Attn: Rodolfo "Rudy" E. Mufloz, President
City:
City of Downey
11111 Brookshire Avenue
Downey, California 90241
Phone: (562) 904-7286
Attn: Director of Community Development
With a courtesy copy to:
City of DownCity ey
- Office
Such notice shall be deemed made when personally delivered or when mailed, forty-
eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the
date actual notice occurred, regardless of the method of service.
3.5.3.1 Documents & Data: Licensinc of Intellectual Prooerty. 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 Confidentialitv. 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
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indemnify and hold harmless City and City's officers, officials, employees, volunteers and
agents from and against any Claim that arises out of, pertains to, or relates to, directly or
indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of
Consultant, any subconsultant, subcontractor or any other person directly or indirectly
employed by them, or any person that any of them control, arising out of Consultant's
performance of any task or service for or on behalf of City under this Agreement. Such
obligations to defend, hold harmless and indemnify City or any City officers, officials,
employees or volunteers shall not apply to the extent that such Claims are caused in part by
the sole active negligence or willful misconduct of City or such City officers, officials,
employees, volunteers and agents. Consultant's cost to defend City and/or City's officers,
officials, employees or volunteers against any such Claim shall not exceed Consultant's
proportionate percentage of fault with respect to that Claim; however, pursuant to Civil Code
section 2782.8(a), in the event that one or more defendants is unable to pay its share of
defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and
confer with City (and, if applicable, other parties) regarding any unpaid defense costs. To the
extent Consultant has a duty to indemnify City or any City officers, officials, employees,
volunteers and/or agents under this subdivision 3.5.6.2, Consultant shall be responsible for
all incidental and consequential damages resulting directly or indirectly, in whole or in part,
from Consultant's negligence, recklessness or willful misconduct.
3.5.7 Entire Aareement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be the courts 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 Cit 's Right to Emolov 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 Assi nment or Transfer. Neither party shall assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without
the prior written consent of the other party. 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
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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.
• No Third Partv Beneficiaries. -- are no intended third•
beneficiaries of r or obligation assume• by - Parties.
3.5.17 Invalidi ;._Severabilitv. 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. 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 Or)Dortunity 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 any City
Minority Business Enterprise program, Affirmative Action Plan or other related programs or
guidelines currently in effect or hereinafter enacted.
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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
=ployer 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 En!gLAqreement. Consultant has all requisite power and
!.iuthority 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 executed in counterparts, each of
which shall constitute one and the same instrument.
3.5.23 Effect of Conflict.
In the event of any conflict, inconsistency, or incongruity between any provision of this
Agreement, any of its exhibits, attachments, purchase order, or notice to proceed, the
provisions of this Agreement will govern and control.
3.6 Subcontracting.
3.6.1 FPrior 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. Consultant shall require and verify that all subcontractors maintain
insurance meeting all of the requirements set forth in this Agreement. Consultant shall ensure
that City is an additional insured as required in Section 3.2.10.4. Subcontracts, if any, shall
contain a provision making them subject to all provisions stipulated in this Agreement.
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CITY OF DOWNEY,
2 California municipal corporation
and charter city
By:
Mayor
Approved as to Form:
Ci Attorney
IVIDG ASSOCIATES INC.,
a California_C poration
By:
F�6d&r6-"=R4�'E. Mufioz
Its: --ehief-fin fficer- 'P vzs tDr--7 KT
Attest.-
-Se,Gretafy' C" W4WAAL 6ACCU-
w 07-0 �- 0 �-o 11=0, I �
15
EXHIBIT "A"
•' i'
16
Work Plan/Performance Schedule
MDG Associates, Inc. (MDG) will provide the services requested in the City's request for Proposal
under "Scope of Work" for the preparation of the 5 -Year Consolidated Plan (Con Plan), 1 s' Year
Annual Action Plan (AAP), Citizen Participation Plan (CP), and the Analysis of Impediments to Fair
Housing Choice Plan. The Scope of Work as proposed by MDG is attached as Attachment "C" of
this proposal.
The plans will follow the regulations set forth by Title 24 CFR Part 91, et seq., and in accordance
with the instructions and guidance published by HUD and subject to federal regulations and
mandatory deadlines. Our proposed approach and work plan includes the following:
Task 1 - Data Collection and Analysis — All Documents
This task will consist of a review of the available background and resource materials. Available
documents and resources will include: a) 2015-2019 Consolidated Plan approved by the Downey
City Council; b) City of Downey General Plan Housing Element; and c) City of Downey Zoning
Ordinance and Amendments, the Downey Municipal Code in need, 2015-2019 Analysis of
Impediments to Fair Housing.
MDG will review the City's current adopted Citizen Participation Plan to ensure compliance with Part
91. Recommend revisions and prepare a revised draft Citizen Participation Plan for adoption by the
City prior to engaging in the Citizen Participation and Consultation Process required for the
development of the Consolidated Plan and Analysis of Impediments
Schedule: (Day 1 through Day 150)
Task 2 - Conduct Community Meetings and Consultations
MDG shall coordinate and facilitate community workshops and focus groups. We will work with City
staff for all notices, advertising, direct mailers, e-mail blasts, and social media, publish citywide
survey, organizing and facilitating meetings and workshops, distributing meeting agendas and
supporting documents/handouts and organizing the workshops, arranging for use of facilities,
necessary equipment, etc.
MDG will provide the following services related to this task: a) prepare agendas, notices for
publications, handouts, surveys, flyers, PowerPoint presentations, and other presentation materials
as appropriate b) conduct at least six (6) community meetings; maintain detailed notes of all
community meetings and events; summarize the results of each group meeting. Provide all
noticing/outreach materials in Spanish and Korean languages.
Schedule: (Day 90-120)
Task 3 — Develop Strategic Plan Goals and Recommendations
MDG shall consult with City staff on establishing the draft Strategic Plan goals for the Five -Year
Consolidated Plan period based on the data collection and analysis as well as community input on
the priority needs of the City. The Strategic Plan goals will be incorporated into the draft
Consolidated Plan to include performance measures and beneficiaries.
In addition, we will consult with City staff on establishing Recommendations for the Analysis of
Page 16
Impediments to Fair Housing Choice based on the data collection and analysis as well as
community input on impediments to fair housing. The Recommendations will be incorporated into
the draft Analysis of Impediments to Fair Housing Choice.
Schedule: (Day 120-150)
Task 4 — Develop the Draft Consolidated Plan, Annual Action Plan, Al and Maps
Maps: Develop all required maps using CPD Maps or GIS, including but not limited to areas of
minority and low-income concentration, low -and moderate -income areas, and other maps to
describe the geographic distribution of resources.
Schedule (Day 120-240)
draft Consolidated Plan: Develop the draft Consolidated Plan in the HUD Integrated Disbursement
and Information System ("IDIS") to contain the information required in 24 CFR 91, Section 91.205
through 91.230, including all tables, narratives, and certifications as delineated within the IDIS
template. This includes, but is not limited to:
• The Public Participation Process
• Housing and Homeless Needs Assessment
• Housing Market Analysis
• Strategic Plan indicating priorities and how will meet the needs
• Annual Action Plan
• All required certifications
• Monitoring standards and procedures
Schedule (Day 120-210)
Draft Analvsis of Impediments to Fair Housino Choice: Consult with the City's contracted Fair
Housing Service Provider, the State of California and HUD as necessary to develop a full profile of
fair housing activity within Downey the last 3-5 years.
Develop a comprehensive draft Al. This document will include an analysis of prior -identified
impediments, identification of new impediments (if any), and a Fair Housing Plan to include
recommendations to address current impediments, the parties responsible, and timeframes. The
draft Al must meet all of the requirements of the current Fair Housing Planning Guide published by
HUD. Incorporate, at a minimum, the following elements into their review of impediments to fair
housing choice in the public and private sectors:
• A comprehensive review of the City's codes, ordinances, administrative policies, practices and
procedures.
• An assessment of how those laws, etc., affects the location availability and accessibility to
housing choice.
• An assessment of local residents' and the real estate industry's awareness of fair housing
issues.
• An assessment of current land use and group home practices.
• An assessment of job opportunities in relation to the area or residential concentration of
minorities and other classes of persons protected by the Fair Housing Act.
• Documentation of the nature and extent of fair housing complaints/lawsuits or other data that
may evidence achievement or lack of fair housing choices.
• Patterns of ownership versus rental, housing density, housing age, and/or condition,
overcrowding, income, family size, residency tenure, etc.
• Demographic overview of the City, showing how the City compares to the county as a whole in
racial composition, homeownership by race, affluence, and poverty by race and trends since
2000.
• Home Mortgage Disclosure Act (NMDA) data, including FHANA loans, conventional home
loans, housing refinance loans and home improvement loans.
• Results of testing or case studies of incidents or problems of discrimination occurring within the
City, including hate crimes, land use practices, occupancy standards, and advertising.
• Provide a variety of maps including dot density, overlays, etc., depicting multiple characteristics
and address specific maps in the Al.
• Recommend changes in practices and policies.
Schedule (Day 120-210)
Task 5 - Present the Draft Consolidated Plan, Action Plan, and Al to City Staff
Based on the review of resources, data gathering, analysis, and input from the community through
workshops/focus groups, etc., the Draft Consolidated Plan, Action Plan, and Al will be prepared
pursuant to the requirements of all applicable HUD regulations and presented to City Staff for
review.
Schedule (Day 220-250)
Task 6 - Public Comment Period
Present Draft Consolidated Plan, Action Plan, and Al for public comment(s) and input. The task
includes the preparation of outlines, agendas, public notices, and staff reports as requested by the
City.
Schedule: (Day 270 to through day 300)
Task 7 - Public Hearing
Presentation of Consolidated Plan, Action Plan, and Al to the City Council — Transmittal and
presentation of the final documents for approval and adoption.
Schedule: (Day 300)
In addition, MDG proposes to provide the City of Downey access to a wide array of MDG subject
matter experts for all of its CPD technical assistance needs. MDG staff is available on an as -needed
basis, no matter how large or small the task. Due to our decades of experience, attention to detail,
and firm grasp of the various program -specific requirements, MDG has maintained an excellent
relationship with the Local LA HUD Field Office and HUD Headquarters.
MDG will provide assistance during the community participation and consultation proposes to
provide advice and strategies to assist the City with achieving its housing and community
development goals in a manner fully compliant with HUD regulations and requirements. In order to
build City staff capacity and ensure ongoing compliance with CDBG and HOME.
In consultation with, and under the direction of the City of Downey, Community Development
Department, MDG will prepare the 2020-2024 Five -Year Consolidated Plan in accordance with and
meeting all the requirements of the U.S. Department of Housing and Urban Development (HUD)
according to 24 CFR Part 91, Subpart D. The scope of work for the Five -Year Consolidated Plan
includes the following major elements:
1. Description of the City as the lead agency responsible for overseeing the development of the
Con Plan and the process undertaken to develop the such document.
2. A "Housing and Homeless Needs Assessment" inclusive of the analysis of the housing market.
3. An analysis of the community and economic development needs (the needs for public facilities,
public improvements, public services, and other eligible uses of CDBG).
4. 5 -Year Consolidated Plan:
a. To be in accordance with Title 24 of the Code of Federal Regulations (CFR) Part 91, and
other requirements set forth by federal regulation and HUD Office of Planning and
Community Development (CPD);
b. Prepare the City's 5 -Year Consolidated Plan by using the Consolidated Plan template in
IDIS On -Line and the eCon Planning Suite tool to assess the needs and make strategic
decisions;
c. Assist City staff in an outreach component to facilitate public participation in the
development of the 5 -Year Consolidated Plan. Generate and implement an effective public
consultation process that encourages residents to participate in the Consolidated Plan
process. MDG will assist the City with the outreach component which includes:
i. Conduct at least six (6) community meetings;
ii. Conduct at least one (1) presentation at a public hearing;
iii. Develop and circulate at least one (1) community survey; and,
iv. Complete other additional specific actions as required by HUD.
d. Analyze the data tables provided by the IDIS Consolidated Plan template which has been
pre -populated with default data from the U.S. Census, CHAS and American Communities
Survey, and provide additional data collection as necessary;
e. The priority needs of the City, based on the housing and non -housing analysis, as well as
the availability of resources;
f. A listing of the federal, state, local, and private resources (beyond the entitlement grants)
expected to be available to the City to address priority needs identified in the Strategic Plan;
g. The goals and objectives of the 5 -Year Plan, as well as the indicators the City will use to
measure its progress;
h. A description of the strategies the City will pursue to address the priority needs and fulfill its
goals and objectives;
i. A summary of the organizations that will carry -out the objectives outlined in the Strategic
Plan (which may include, but not be limited to: specific City departments or its contractors;
other governmental organizations; such as the Housing Authority of the County of Los
Angeles (HACOLA) or Community Development Commission of the County of Los Angeles
(LACDC); non-profit organizations; private industry; faith -based organizations, Community -
Based Development Organizations (CDBO); and/or Community Development Financial
Institutions); and,
j. Include any relevant components of the Consolidated Plan required under 24 CFR Part 91
not listed above.
5. FY 2020 Annual Action Plan to list the specific actions, activities, and programs the City will
undertake during FY 2020 (July 1, 2020, through June 30, 2021) to address the priority needs
and goals identified by the Consolidated Plan. MDG will prepare and submit the AAP under City
staff direction and review of work prior to being submitted to HUD.
6. A Citizen Participation Plan: The Consolidated Plan will follow a chronological process to
effectively allow for broad participation during its development, as well as to include any updates
to the City's CPP to further define the process that will be utilized during the 5 -year
implementation period. In accordance with HUD standards, MDG recommends that the City
must strive to encourage participation from the populations of very low-, low-, and moderate -
income persons (LMI) as defined by HUD, as well as those presumed by HUD; residents of
areas where CDBG funds may be proposed to be used; Minorities, non -English-speaking
persons, and persons with disabilities; local and regional institutions, including the Continuum of
Care, the non-profit and for-profit sectors, philanthropic organizations, community-based and
faith -based organizations
7. A Limited English Proficiency Plan (LEP): To furtherthe Citizen Participation Process and, itwill
be incorporated to improve access to services by persons with Limited English proficiency. The
LEP will be in a accordance to Executive Order 13166 titled, "Improving Access to Services by
Persons with Limited English Proficiency. Based on the review by MDG of the Ci ; de Title VI_
Pr rand: Lanq.. ss -Plan- the document satisfies HUD's requirement for a LEP.
8. Other:
a. The Consolidated Plan developed will describe the actions the City will take to foster and
maintain affordable housing; reduce lead-based paint hazards; reduce the number of
poverty -level families; develop institutional structure; and enhance coordination with others
to further advance the goals and objectives of the Consolidated Plan;
b. The Consolidated Plan developed will identify obstacles to meeting underserved needs and
will propose actions to overcome those obstacles; and,
c. The Consolidated Plan developed will meet specific requirements that apply to each of the
four entitlement programs.
9. Identification and Description of Geographically Targeted Areas: MDG will consult and
coordinate with City staff if specific geographic areas will be targeted as priorities for funding
allocations during the development of the Consolidated Plan.
In consultation with, and under the direction of the City of Downey, Community Development
Department, MDG will prepare the 2020-2024 Analysis of Impediments to Fair Housing Choice (AI)
in accordance with and meeting all the requirements of the U.S. Department of Housing and Urban
Development (HUD) (Al according to CFR 570.904) including, data collection, analysis, and
compilation. The Al will be completed, approved and adopted by the Downey City Council by the first
meeting of May 2020. The scope of work for the Analysis of Impediments to Fair Housing Choice
includes the following major elements:
1. Research and data collection and formulation. This data will be relevant to housing issues in
the City of Downey (i.e., demographics, household income, employment, housing profile, etc.);
2. Develop a comprehensive Analysis and Impediments which includes: (a) a Fair Housing Plan,
including goals and timetables, (b) identified actions to be taken, and (c) a records
maintenance system reflecting the analysis and actions taken;
3. The proposed team has excellent verbal and written communication skills; has knowledge of
CPD Maps provided by HUD for the mapping of data including the mapping components;
4. MDG team will work with designated staff persons;
5. Provide the analysis and develop/utilize a methodology in preparing the Al that will include a
review of impediments to Fair Housing in the public and private sectors, including but not
limited to:
• A comprehensive review of the City codes, ordinances, administrative policies, practices
and procedures;
» An assessment of how those laws, etc., affect the location, availability and accessibility to
housing choice;
• An assessment of local residents and the real state industry's awareness of fair housing
issues;
• An assessment of current land use and group home practices;
• An analysis of differences in property tax rates, controlling for home value and year of
purchase, for different racial groups within the City;
• An assessment of job opportunities in relationship to area or residential concentration of
minorities and other classes of persons protected by the Fair Housing Act;
» Documentation of the nature of extent of fair housing complaints/lawsuits or other data that
may evidence achievements of or lack of fair housing choices;
Patterns of ownership versus rental, housing density, housing age and/or condition,
overcrowding, income, family size, residency tenure, bank loans by type, etc.;
Demographic overview of Downey, showing how the City compares to the county as a
whole in racial composition, homeownership by race, affluence, and poverty by race and
trends since 1990;
» Home Mortgage Disclosure Act (NMDA) data, including FHANA loans conventional home
loans, housing refinance loans and home improvement loans;
Results of testing or case studies of incidents or problems of discrimination occurring within
the City, including hate crimes, land use practices, occupancy standards, and advertising;
Results of Fair Housing Initiative Program (FHIP) Grants (if applicable);
• Records showing geographic patterns of occupancy in Section 8; Public and Assisted
Housing, and private rental housing;
• An analysis of the "cost of unfair housing," which causes certain specific social problem
resulting from housing segregation and discrimination;
• Complete an analysis of home sales trends, median and average sale price by type,
number of households and size, and banking and lending practices. Compile data indicating
the frequency and amount of those financial institutions' lending in our community over the
past five-year period;
• Compile a vacancy rate study for rental properties by type/number of bedrooms and rental
rates over the past two-year period;
• Provide a variety of maps including dot density, overlays, etc., depicting multiple
characteristics and address specific maps in the Al;
y Recommended changes in practices and policies;
• Submit the entire document on computer disk using a software program compatible with the
City's word processing system.
EXHIBIT "B"
Downey Con Plan/Al
City of Downey
2020-2024 Consolidated Plan/Al Schedule
1 of 1 Rev. 6/11/2019
Process Management
Client Contact
Jose Vazquez
MDG Lead
----- --------
Rudy Mufioz
Kickoff Meeting with City
Wednesday July 10, 2019
Citizen Particapation Plan
Draft
Wednesday, July 31, 2019
Public Hearing and Adoption
Tuesday, September 17, 2019
Public Review and Comment Period End
Tuesday, September 17, 2019
Public Review and Comment Period Begin
Friday, August 16, 2019
Publish Public Review Notice English
Friday, August 9, 2019
Publish Public Review Notice Spanish/Korean
Friday, August 9, 2019
Citizen Surveys
'Survey Launch Date
Monday, September 16, 2019
Survey Close Date
Thursday, October 31, 2019
Stakeholder Surveys
Survey Launch Date
Monday, September 16, 2014
Survey Close Date
Thursday, October 31, 2019
Community Meetings
Meeting I
October 3, 2019I
Meeting 2
Thursday,
aturday, October 5, 2019
1 Preliminary Draft Consolidated Plan/Al Sections
Al- Private Sector/Public Sector Impediments
Tuesday, January 7, 2020
Al- Fair Housing Plan
Tuesday, January 21, 2020
CP- Needs Assessment Draft to City
Tuesday, January 14, 2020
CP- Market Analysis Draft to City
Tuesday, January 28, 2020
CP- Strategic Plan to City
-------- --
Tuesday, February 11, 2020
INCIFA Process
Activities Selected by City
Monday, March 2, 2020
Action Plan Document
Draft Action Plan to City
Friday, March 6, 2020
City Staff Approval of Final Documents
Consolidated Plan
Friday, February 28, 2020
Action Plan
Friday, March 13, 2020
Final Citizen Participation and Approval
Submitted to HUD in IDIS
Thursday, May 14, 2020
Public Hearing and Adoption
Tuesday, April 28, 2020
Public Review and Comment Period End
Tuesday, April 28, 2020
Public Review and Comment Period Begin
Friday, March 27, 2020
Publish Public Review Notice English
Friday, March 20, 2020
Publish Public Review Notice Spanish/Korean
Friday, March 20, 2020
1 of 1 Rev. 6/11/2019
ffamm�
Consolidated Plan, 1 sl Year Action Plan & Analysis of Impediments to Fair Housing Choice
Based on the proposed scope of work noted in the RFP, MDG proposes to complete the 2020-2024
Consolidated Plan, 1 st Year Action Plan, Citizen Participation Plan, and the 2020-2024 Analysis of
Impediments to Fair Housing Choice for a total lump sum fixed price of $44,900.00 as delineated by
task, personnel, and task cost tables below.
Task
Personnel
Cost
Develop Citizen Participation Plan
Rudy Munoz, David Munoz
$500
Community meetings (6 total)
Rudy Munoz, David Munoz
$5,000
Consultations
Esther Luis, David Munoz
$1,250
Data collection, & analysis
Rudy Munoz, Esther Luis, David Munoz
$4,500
Develop CP/GIS maps
Esther Luis, David Munoz, Juan Rios
$4,150
Develop strategic plan goals
Rudy Munoz, Esther Luis, David Munoz
$1,750
Prepare draft Consolidated Plan & Action Plan
Rudy Munoz, Esther Luis, David Munoz
$6,000
Attend City Council Public Hearing
Rudy Munoz
$500
Prepare final Consolidated Plan & Action Plan ,
Esther Luis, David Munoz
$500
Enter Consolidated Plan & Action Plan in eCon
David Munoz
$2,350
Planning Suite I
Task
Community meetings (6 total)
Consultations
Data collection & analysis
Develop AI/GIS maps
Develop Conclusions & Recommendations
Prepare draft Analysis of Impediments
Attend City Council Public Hearing
Prepare final Analysis of Impediments _
Task
Preparation of Limited English Proficiency
(LEP) plan
Lump Sum Fee: 4 $26,500
j Personnel
Cost
Clint Whited
$2,500
Clint Whited, George Figueroa
$1,050
Clint Whited, George Figueroa
$3,950
Clint Whited, Juan Rios
$4,250
Clint Whited
$1,750
Clint Whited, George Figueroa
$4,200
Clint Whited
$500
Clint Whited
$200
Lump Sum Fee:
$18,400
Personnel Cost
The City's current Title VI Program $0
addresses the requirements under the
Limited English Proficiency Plan in
Appendix #5 — Housing and Urban
Development (HUD)
Lump Sum Fee: $0
;'age 19
I LVA I DIM so I W a 0 - - - 1 11
No 1%xilm 11
it Wllfr-WAVA012W# I
Korean as requested in the RFP. However, if the City requires any other document to be translated,
the City will be billed for the cost. The City shall be informed of said cost prior to the expense being
incurred by MDG.
Any other services not specified in the RFP requires by the City shall be billed at the hourly rates
listed below:
SCHEDULE OF HOURLY BILLING RATES
Rates effective as of July 1, 2019
'Title 2019-2020
President/Senior Vice President - $115.00
Vice President $110.00
Director
$105.00
Manager
$100.00
Senior Associate
$95.00
Associate
$85.00
Senior Project Assistant
$70.00
Project Assistant
$65.00
Secretary
$45.00
Page 110
C,