HomeMy WebLinkAboutC-3489 - Administration of the Community Development Block Grant (CDBG) Program for 2003-2004•
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AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT
WITH LDM ASSOCIATES, INC. FOR COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM CONSULTING SERVICES
THIS AMEND ENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this Iftki day of May, 2005, by and between the CITY OF NEWPORT
BEACH, a municipal corporation, (hereinafter referred to as "City ") and LDM
ASSOCIATES, INC., a corporation, whose address is 10722 Arrow Route, Suite 822,
Rancho Cucamonga, California, 91730, (hereinafter referred to as "Consultant"), is made
with reference to the following:
RECITALS
A. On July 13 2004, City and Consultant entered into a Professional Services
Agreement, hereinafter referred to as "Agreement," in which Consultant
was hired to administer and implement programs with Community
Development Block Grant (CDBG) funds received from the federal
government on behalf of the City (hereinafter referred to as the `Project. ")
B. The total amount the City was to pay Consultant pursuant to the
Agreement was Ninety -Five Thousand, Four Hundred and Eighty Dollars
($95,480.00). The Agreement is scheduled to expire on June 30, 2005.
C. City and Consultant desire to enter into this Amendment No. 1 to reflect a
reduction in the amount of consulting services Consultant will be providing
to City under the Agreement, and accordingly, to decrease the total
compensation due Consultant by Five Thousand Dollars ($5,000.00).
D. To this end, City and Consultant mutually desire to amend the Agreement,
as provided in this Amendment No. 1.
NOW, THEREFORE, the parties hereto agree as follows:
Total compensation due Consultant for services performed pursuant to
the Agreement for all work on the Project, including all reimbursable items
and subconsultant fees, shall not exceed Ninety Thousand, Four
Hundred and Eighty Dollars ($90,480.00).
2. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in the Agreement shall remain unchanged and shall
be in full force and effect.
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
[INSERT] on the date first above written.
APPROVED AS TO FORM:
0"—.C. YG�
Na,rjO
Assistant City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
Attachment: Exhibit A
CITY OF NEWPORT
A Municipal Cqt�orat
for the City of
CONSUL'
11USEBS\PLMSh" \CDBG\ 20 - 2W5*.jc \I I Admi da.ionLLDM C.W. A .d.,.da
President for
Beach
Inc.
PROFESSIONAL SERVICES AGREEMENT WITH
LDM ASSOCIATES, INC.
FOR COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM CONSULTING SERVICES
THIS GREEMENT is made and entered into as of this 1,24h day of J-4
200__T, byand between the CITY OF NEWPORT BEACH, a Municipal C rporation
("City'), and LDM ASSOCIATES. INC. , a Corporation whose address is 10700
Arrow Route, Suite 822, Rancho Cucamonga, California, 91730 ( "Consultant "), and is
made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City is planning to administer and implement programs with Community
Development Block Grant (CDBG) funds received from the U.S. Department of
Housing and Urban Development.
C. City desires to engage Consultant to administer and implement the Community
Development Block Grant Program by providing the services as outlined in
Exhibit "A" ( "Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member[s) of Consultant for purposes of Project, shall be David D.
Meyer. President.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the3day of �un� , 2005, unless terminated earlier as set
forth herein.
2. SERVICES TO BE PERFORMED
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Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed Ninety Five Thousand Four Hundred and Eighty Dollars and no /100
($ 95.480.00) without additional authorization from City. No billing rate changes
shall be made during the term of this Agreement without the prior written
approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
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4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City. Unless otherwise approved, such costs shall be limited
and include nothing more than the following costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Scope of
Services and which the parties did not reasonably anticipate would be
necessary at the execution of this Agreement. Compensation for any
authorized Extra Work shall be paid in accordance with the Schedule of
Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. T his P roject M anager s hall b e a vailable t o C ity a t a II r easonable
times during the Agreement term. Consultant has designated Rudy E. Munoz,
Senior Vice President to be its Project Manager. Consultant shall not remove
or reassign the Project Manager or any personnel listed in Exhibit A or assign
any new or replacement personnel to the Project without the prior written
consent of City. City's approval shall not be unreasonably withheld with respect
to the removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Community and Economic
Development Division. Daniel Trimble shall be the Project Administrator and
shall have the authority to act for City under this Agreement. The Project
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Administrator or his /her authorized representative shall represent City in all
matters pertaining to the services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as n of t o c ause d elays i n C onsultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
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9. HOLD HARMLESS
Tot he fullest extent permitted by I aw, Consultants hall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties ") from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work performed or
services provided under this Agreement (including, without limitation, defects in
workmanship or materials and /or design defects [if the design originated with
Consultant]) or Consultant's presence or activities conducted on the Project
(including the negligent and /or willful acts, errors and /or omissions of Consultant,
its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
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interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and Prior to commencement
of work, Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
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Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days prior to such change. The insurer shall
agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general I iability i nsurance i n a n a mount n of I ess t han o ne m illion
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance 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 one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
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iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives ail rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership orjoint- venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the work
outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in this
Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. Except as specifically authorized herein, the services to
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be p rovided u nder t his Agreement s hall n of b e o therwise a ssigned, transferred,
contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to t his Agreement a re n of i ntended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
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20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred u nder t his Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. 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 to Consultant under this
Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
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accomplished by Consultant, the additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant and conclusively shall
be deemed served when delivered personally, or on the third business day after
the deposit thereof in the United States mail, postage prepaid, first -class mail,
addressed as hereinafter provided. All notices, demands, requests or approvals
from Consultant to City shall be addressed to City at:
Attn: Den Trimble, Program Manager
Community and Economic Development Div.
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3230
Fax: 949 - 644 -3229
All n otices, d emands, requests o r a pprovals f rom C ITY to C onsultant shall be
addressed to Consultant at:
Attention:
David D. Meyer, President
LDM Associates, Inc.
10722 Arrow Route, Suite 822
Rancho Cucamonga, CA 91730
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Phone: 909476 -6006
Fax: 909 -476 -6086
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
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In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
36. 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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROYEBAS TO FORM:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corp n
-Z Y cx
By: -) -
Mayor
for the City of Newa Beach
CONSULTANT:
By:
David yer
LDM A I so fates, Inc.
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
13
P
EXHIBIT "A"
SCOPE OF SERVCES
I. CDBG Program Implementation and Administration
0
Provide staffing and other resources as required to perform the following for all approved City CDBG projects:
a. Provide technical assistance for the administration and implementation of the City's CDBG funded
Programs. Work with City staff to determine project eligibility along with monitoring of programs to
assure compliance with all Federal, State, and Local reporting requirements.
b. Coordinate with HUD field office staff and other City representatives on CDBG related issues as needed.
c. Work with City staff to prepare funding plans for CDBG funded activities.
d. Prepare and maintain files and contracts for CDBG funded activities.
e. Review and process all CDBG funded Capital Improvement project invoices.
f. Monitor all Capital Improvement projects during construction.
g. Coordinate with City staff in the identification, management, and completion of all CDBG funded projects,
including preparation and review of federal funding requirements as part of construction bid packages,
requests for proposals, monitoring reports, public notices, etc.
h. Review completed projects for all necessary compliance issues.
i. Preparation of necessary Environmental Review forms and documents for CDBG projects.
j. Coordinate with City staff and provide assistance for all program monitoring and audit preparation.
k. Provide Davis -Bacon and Section 3 monitoring of construction projects as required by Federal Labor
Standards.
1. Provide regularly scheduled office hours at City Hall, on days and hours as determined by City staff.
Additionally, remain available on -site, as needed, during HUD monitoring visits and external City audits.
m. Setup and maintenance of IDIS and Community 2020 records including preparation of required reports.
n. Prepare draw down requests for reimbursement of expended funds on a quarterly basis or more frequently
as directed:
o. Any such other activities as required to properly administer the program.
2. Administration ofSub- Recipient Contracts
a. Prepare of NOFA on an annual basis for social services funding. Work with City staff to prepare a funding
plan for the recommended social service providers.
b. Prepare files and contracts for each of the funded social service and fair housing administration providers.
c. Process all sub - recipients invoices.
d. Monitor all sub - recipients on an annual basis or sooner as necessary.
2. Preparation of Consolidated Plan
a. Prepare the 5 year consolidation plan per the attached schedule of performance and schedule of fees.
0
0
Task
Task Hours
Fee
Review of prior plans
Review of prior plans (Con Plan, Action Plans, CAPERS)
8.0
520.00
Sub -Total
8.0
520.00
Housing Market Analysis
Survey & summary of recent sales/current market
16
1,040.00
Survey & summary of census data / other national data sets
16
1,040.00
Survey & summary of non - housing data
16
1,040.00
Survey & summary of special needs housing
16
1,040.00
Initial draft of section text
24
1,560.00
Sub -Total
80
5,720.00
Non- housing Needs Assessment
Public Facilities
12
780.00
Economic Development
12
780.00
Planning / Admin
8
520.00
Consultations (County and other local gov., area service providers, other
24
1560.00
Initial Draft of section text
12
780.00
Sub -Total
68
4,420
Strategic Plan
Meeting with City Staff to set Priorities
4
260.00
Initial Draft of section text
8
520.00
Review & revision of section text
16
1,040.00
Sub -Total
28
1,820.00
Miscellaneous
Public Participation (minimum of 1)
Notices, Hearings
4
260.00
Review and Revision of Participation Plan
8
520.00
Mapping and Graphics
32
2,080.00
Final Editing and Layout
24
1560.00
Final Review & Revisions of Plan
16
1,040.00
Duplication and Assembly •
8
520.00
Sub -Total
92
6,500.00
GRAND TOTAL
292
18,980
0
Optional Items:
0
Optional Survey:
Draft Survey
4
260.00
Distribute Survey **
12
780.00
Tally and Report
32
2,080.00
Optional Focus Group
Design Agenda/Recruit Participants
8
520.00
Conduct Focus Group (2 persons conducting 1 focus group meeting)
8
520.00
Draft Summaries and Conclusions
8
520.00
* LDM shall provide 6 copies of the final version of the consolidated plan to the City for distribution.
** The postage cost is not included in the cost noted. Postage will be billed at cost + 10 %.
U
7
EDIT "B"
SCHEDULE OF HOURLY BILLING RATES
Rates effective as of January 1, 2004
STAFF PERSON:
President
Vice- President
Senior Associate
Associate
Project Assistant
Secretary
REEWBURSABLE ITEMS:
Project Supplies
Prints/Reproductions
HOURLY RATE:
$80.00/Hr
$75.00/1-Ir
$65.00/1-Ir
$55.00/1-Ir
$40.00/1-Ir
$30.00/Hr
At Cost plus 10% surcharge
At Cost plus 10% surcharge
Y THE CnY COUNCIL
CITY OF NEWPORT BEACH
Y OF NEWPORT BEACH CITY COUNCIL STAFF REPORT
JUGS <; 2004
Agenda Item No. 5
July 13, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community & Economic Development, Planning Department
Daniel R. Trimble, Program Manager
949/644 -3230. dtrimble na,citv.newport- beach.ca.us
SUBJECT: Contract renewal with LDM Associates for administration of the
Community Development Block Grant program for Fiscal Year 2003 -2004.
ISSUE:
Contract with LDM Associates for administration of the Community Development Block
Grant program for FY 2003 -2004, 2004 -2005, including preparation of the next Five -
Year Consolidated Plan.
RECOMMENDATION:
Approve the proposed contract renewal with LDM Associates.
DISCUSSION:
Background:
The administration of the grant funds received by the City through the U.S. Department
of Housing and Urban Development (HUD) Community Development Block Grant
(CDBG) program involves a number of complex duties. In order to continue receiving
these federal funds the City must comply with all regulations and reporting
requirements, including submission of a multi -year Consolidated Plan, an annual One -
Year Action Plan, a Community 2020 analysis, and an annual Consolidated Annual
Performance and Evaluation Report (CAPER). Other activities include the maintenance
of fund expenditures and fund reimbursements through the HUD network known as
IDIS and funding and monitoring of Social Service and Fair Housing sub - grantee
contracts. Finally, the use of federal funds as a part of the Balboa Village Streetscape
and Pedestrian Improvement Program has required additional reporting and monitoring
requirements due to the Davis -Bacon Act and Minority Business Enterprise/Women's
Business Enterprise regulations.
The City entitlement under the CDBG program for FY 2003 -2004 is $426,000. The
entitlement increased to $437,000 in FY 2004 -2005. Program regulations permit the
expenditure of up to twenty percent of the total grant for administration costs ($87,400).
Past agreements with LDM have been based on a March to February contract year and
0 i
staff has requested that LDM switch to a July to June cycle. This proposal allocates
$22,500 for the period from February 1, 2004 to June 30, 2004 to complete the 2004
fiscal year and $54,000 to cover the period from July 1, 2004 to June 30, 2005, for a
total of $76,500. Adequate grant administration funds from both fiscal years are
available to cover the proposed expenditures.
In order to secure future CDBG funding, the City must update its Five -Year
Consolidated Plan. The Consolidated Plan includes an analysis of existing affordable
housing and community development needs and the preparation of a five -year strategy
to address the needs determined to be a high priority. The preparation of the
Consolidated Plan is outside the scope of the day -to -day administration of the program.
The proposal to develop the Consolidated Plan is not to exceed $18,980. This
additional service cost brings the proposed FY 2005 expenditure to $72,980.
The remainder of the FY 2005 administration funds ($14,420) is proposed to be used
for ongoing Fair Housing administration and reimbursement of City staff time for
oversight and review of LDM Associates services. This arrangement would allow the
City to maintain adequate compliance with HUD requirements and still have regular
oversight of the grant program.
During the past year staff has been very pleased with the quality of services provided by
LDM Associates. Staff and the consultant team communicate on a regular basis and
continue to improve the administration of the program. The monitoring and support of
our sub - grantees has also improved. More importantly, our working relationship with
representatives from HUD has improved significantly.
Environmental Review:
Not subject to CEQA, as the activity is not a project, as defined in Section 15378(b)(4).
Public Notice:
None Required.
Funding Availability:
Funds for this service are included in City Budget Account No. 2730 -8551.
Submitted by:
SHARON Z. WO
Assistant City M ger
Prepared by:
DANIEL R. TRIMBLE
C & ED Program Manager
Attachments: Professional Services Agreement
Page 2
LLDM
Associates• Inc.
March 10, 2004
Daniel Trimble
Program Administrator
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, CA 92658 -5915
Re: Proposal to Provide Community Development Block Grant Administration Set-vices
Dear X1 r. Trimble:
As per your request, the following letter proposal is being submitted to you in conjunction with
the City's Community Development Block Grant (CDBG) Program. As you know, this was
LDM Associates, Int.'s (LDM's) second year in providing the City of Newport Beach with
administrative services for the CDBG Program. We believe that we have been able to come in
and become an extension of your staff and performing all required tasks associated with the
CDBG Program. It is our desire to continue to provide you and the City with our services.
Based on our experience in assisting you this last year. we proposed to perform the same scope
of services as last year. We propose to perform the services from for a period of seventeen
months (February 1, 2004 to June 30, 2005) for a not to exceed price of $76,500. We propose to
have Mr. Rudy Munoz administer the contract on behalf of LDM. Mr. Bill Kubal will be
responsible for the day to day administration functions of the CDBG program and will be
assisted by clerical staff in performing the required tasks. Our billing rates are attached to this
proposal and labeled Attachment "A."
In addition, you have requested a cost estimate to complete the City's 2005 -2009 Five Year
Consolidated Plan. LDM proposes to complete the City's Consolidated Plan for a not to exceed
price of $13,980. The Consolidated Plan would include the items listed in Exhibit `B." Optional
items can be completed as noted in Exhibit "B."
If you have any questions regarding this matter, please do not hesitate to call me at your
convenience.
RuA , E.
Senior
10712 Arrow Romp Suue a22 • Ran<hn Curzmonga • (aLtornia 91730 (909) 416 -6006 Nix (9(19) 476 6086
g
0
EXHIBIT "A"
0
SCHEDULE OF HOURLY BILLING RATES
STAFF PERSON:
President
Senior Vice President
Senior Associate
Associate
Rates effective as of January 1, 2004
HOURLY RATE:
$80.00/Hr
$75.00/Hr
$65.00/Hr
$55.00/Hr
Project Assistant/Rehabilitation Specialist
Secretary
REIMBURSABLE ITEMS:
$40.00/Hr
$30.00/Hr
Project Supplies At Cost plus 10% surcharge
Prints/Reproductions At Cost plus 10% surcharge
4
EXHIBIT "B"
0
J_,w5 __
Task Hours
Fee
Review of nrior lnns
Review of prior plans (Con Plan Action Plans CAPERS)
8.0
520.00
Sub -Total
8.0
520.00
Housing Market Analysis
Surrey &summary of recent salestcpaem marktt
16
1,040.00
Survey & summary of census data i other national data sets
16
1,040.00
Survey & 3ltnun3ry of non- housing data
16
1,040.00
Survev & summary of special needs housing
16
1,040.00
Initial draft of section text
24
1,560.00
_
Sub -Total
80
5,720.00
Non-housing Needs Assessment
Facilities
12
780.00
--Public
Economic Development
12
780.00
Planning lAdmin
8
520.00
Consultations (Covuty and other local gov., area service providers, other City Dept$)
24
1560.00
Initial Draft of section test
12
780.00
Sub -Total
68
4,420
_
Stratc is Pian
Meeting with City Staff to set Priorities
Initial Draft of section text
_ _4
~_ 8
_
----260.00
520.00
Review & revision of section text
16
�. 1,040.00
Sub -Total
28
1,820.00
_
Miscellaneous
Public Participarion (ininimum of 1)
__..
Notices, Hearin8s
4
260.00
Review and Revision of Partici ation Plan
8_1
520.00
Mapping and Graphics
32
2,080.00
Final Editing and Layout
24
1560.00
Final Review & Revisions of Plan
16
1.,040.00
Duplication and Assembly •
8
520.00
Sub -Total
92
6,500.00
GRAND TOTAL
292
18,980
6
I Items:
Optional Survey:
Draft Survey
4
260.00
Distribute Survey **
12
780.00
Tally and Report
32
2,080.00
Optional Focus Group
Design Agenda/RecruitParticipants
S
520.00
Conduct Focus Group (2 persons conducting 1 focus group nnceting) A
8
520.00
Draft Summaries and Conclusions
8
520.00
* LDM shall provide 6 topics of the final version of the consolidated plan to the City for distribution.
** The postage cost is not included in the cost noted. Postage will be billed at cost + 10 %.
4
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COMMUNITY DEVELOPMENT BLOCK GRANT
ADMINISTRATION SERVICES
SCOPE OF WORK
General Administration
Development of One -Year Action Plan
• Prepare and Notice Request for Proposals for Public Services
• Identify eligible capital expenditure projects
• Evaluate potential projects and make recommendations
Prepare and submit Consolidated Annual Performance and Evaluation Report
(CAPER) and other required reports to HUD
Prepare and submit reimbursement requests to HUD
Public Service Oversight
• Draft service agreements and memorandums of understanding with subrecipients
and partnering City Departments
• Review and process subrecipient invoices for payment.
• Monitor subrecipients for compliance with agreement and federal regulations.
• Review quarterly performance reports.
• Provide technical assistance to subrecipients as needed.
Capital Expenditure Oversight
• Ensure compliance with procurement and prevailing wage requirements for
Capital Expenditure projects.
• Monitor subrecipients for compliance with agreement and federal regulations.
• Review quarterly performance reports.
• Provide technical assistance to subrecipients as needed.
0 i e- 3L-►89
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this i ! r day of January, 2003, by and
between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to
as "City "), and LDM Associates whose address is 10722 Arrow Route, Suite 822,
Rancho Cucamonga, CA 91730, (hereinafter referred to as "Consultant'), is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business
as it is now being conducted under the statutes of the State of California
and the Charter of City.
B. City desires to engage Consultant to provide Community development
Block Grant (CDBG) Administration including staff report preparation,
project management, and staff services upon the terms and conditions
contained in this Agreement.
C. The principal member of Consultant is, for purpose of this Project, David
D. Meyer.
D. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to contract with Consultant under the terms of conditions provided
in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
TERM
The term of this Agreement shall commence on the I St day of January 2003,
and shall terminate on the 7154 day of January 2004, unless terminated earlier as set
forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" and incorporated herein by reference.
1
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of
this Section and the scheduled billing rates, attached hereto as Exhibit "A" and
incorporated herein by reference. No rate changes shall be made during the term of
this Agreement without prior written approval of City. Consultant's compensation for all
work performed in accordance with this Agreement shall not exceed the total contract
price of Fifty -Four thousand dollars ($54,000).
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly invoices to City payable by City within
thirty (30) days of receipt of invoice subject to the approval of City.
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with Exhibit "A ".
3.4 City shall reimburse Consultant only for those costs or expenses, which
have been specifically approved in this Agreement, or specifically approved in advance
by City. Such cost shall be limited and shall include nothing more than the following
costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement.
B. Approved computer data processing and reproduction charges.
C. Actual costs and /or other costs and /or payments specifically authorized in
advance in writing and incurred by Consultant in the performance of this
Agreement.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold payment of ten
percent (10 %) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
4. STANDARD OF CARE
4.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement, and that it will
perform all services in a manner commensurate with the community professional
standards. All services shall be performed by qualified and experienced personnel who
are not employed by City nor have any contractual relationship with City. Consultant
represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents
and warrants that it shall keep in effect all such licenses, permits and other approvals
during the term of this Agreement.
4.2 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of
strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely
information or to approve or disapprove Consultant's work promptly, or delay or faulty
performance by City, contractors, or governmental agencies, or any other delays
beyond Consultant's control or without Consultant's fault.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the expressed terms of this Agreement. Nothing in this Agreement shall be
deemed to constitute Consultant or any of Consultant's employees or agents, to be the
agents or employees of City. Consultant shall have the responsibility for and control
over the details in means of performing the work provided that Consultant is compliance
with the terms of this Agreement. Anything in this Agreement which may appear to
give City the right to direct Consultant as to the details of the performance of the
services or to exercise a measure of control over Consultant shall mean that Consultant
shall follow the desires of City only with respect to the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies that may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the Consultant on the Project.
7. PROJECT MANAGER
Consultant shall assign the Project to a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Project term. Consultant has designated Rudy E. Munoz to be its
3
9 0
Project Manager. Consultant shall not remove or reassign any personnel designated in
this Section or assign any new or replacement person to the Project without the prior
written consent of City. City's approval shall not be unreasonably withheld with respect
to removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and the services shall be performed by Consultant in accordance with Exhibit A. The
failure by Consultant to strictly adhere to the schedule, may result in termination of this
Agreement by City, and the assessment of damages against Consultant for delay.
Notwithstanding the foregoing, Consultant shall not be responsible for delays that are
due to causes beyond Consultant's reasonable control. However, in the case of any
such delay in the services to be provided for the Project, each party hereby agrees to
provide notice to the other party so that all delays can be addressed.
8.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days after the start
of the condition that purportedly causes a delay, and not later than the date upon which
performance is due. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays, which are beyond
Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
either telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order
to ensure that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable City, county, state
and federal law, regulations and permit requirements and be subject to approval of the
Project Administrator and City.
2
• •
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of
the work, activities performed and planned, and any meetings that have been
scheduled or are desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages
of any nature whatsoever, including, but not limited to, bodily injury, death, personal
injury, property damages, or any other claims arising from any and all negligent acts or
omissions of Consultant, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement. This indemnity
shall apply even in the event of negligence of City, or its employees, or other
contractors, excepting only the sole negligence or willful misconduct of City, its officers
or employees, and shall include attorneys' fees and all other costs incurred in defending
any such claim. Nothing in this indemnity shall be construed as authorizing, any award
of attorneys' fees in any action on or to enforce the terms of this Agreement.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must
be filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation, all insurance policies shall add City, its
elected officials, officers, agents, representatives and employees as additional insured
for all liability arising from Consultant's services as described herein.
All insurance policies shall be issued by an insurance company currently
authorized by the Insurance Commissioner to transact business of insurance in the
State of California, with an assigned policyholders' Rating of A (or higher) and Financial
Size Category Class VII (or larger) in accordance with the latest edition of Bests Key
Rating Guide: unless otherwise approved by the City Risk Manager.
A. Worker's compensation insurance covering all employees and principals
of Consultant, per the laws of the State of California.
6i
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B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of
$1 million combined single limit per occurrence for bodily injury, personal
injury and property damage. If commercial general liability insurance or
other form with a general aggregate is used, either the general aggregate
shall apply separately to this Project, or the general aggregate limit shall
be twice the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million
combined single limit per accident for bodily injury and property damage.
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give City prompt and timely notice of claim made or suit
instituted arising out of Consultant's operation hereunder. Consultant shall also procure
and maintain, at its own cost and expense, any additional kinds of insurance, which in
its own judgment may be necessary for its proper protection and prosecution of the
work.
Consultant agrees that, in the event of loss due to any of the perils for which it
has agreed to provide comprehensive general and automotive liability insurance,
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein,
a waiver of any right of subrogation, which any such insurer of said Consultant may
acquire against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any for the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Consultant is a partnership or joint venture
or syndicate or cotenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50 %)
or more of the voting power, or twenty-five percent (25 %) or more of the assets of the
corporation, partnership or joint venture.
2
15. OWNERSHIP OF DOCUMENTS
0
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed documents for other projects
and any use of incomplete documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this
Agreement by City or persons other than Consultant is waived against Consultant and
City assumes full responsibility for such changes unless City has given Consultant prior
notice and has received from Consultant written consent for such changes.
Consultant shall, at such time and in such form as the City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
A. Access to, and upon request of Consultant, one copy of all existing record
information on file at City. Consultant shall be entitled to rely upon the
accuracy of data information provided by City or others without
independent review or evaluation. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's work schedule.
B. Copying and other services through City's reproduction company for each
of the required submittals. Consultant will be required to coordinate the
required submittals with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
18. ADMINISTRATION
This Agreement will be administered by the Planning Department. Patricia
Temple shall be considered the Project Administrator and shall have the authority act
7
0
0
for City under this Agreement. The Project Administrator or his /her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall
be clearly identifiable. Consultant shall allow a representative of City to examine, audit
and make transcripts or copies of such records during normal business hours.
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.
20. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Consultant shall not
discontinue work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or his designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of
seven percent (7 %) per annum from the date of withholding of any amounts found to
have been improperly withheld.
21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than would have
resulted if there were not errors or omissions in the work accomplished by Consultant,
the additional expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the Project.
23. CONFLICTS OF INTEREST
A. The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits
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such persons from making, or participating in making decisions that will
foreseeably financially affect such interest.
B. If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by City. Consultant shall indemnify and
hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
24. SUBCONSULTANT AND ASSIGNMENT
A. Except as specifically authorized under this Agreement, the services
included in this Agreement shall not be assigned, transferred, contracted
or subcontracted without prior written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States
mail, postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
Planning Department
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
Phone — (949) 644 -3200
Fax — (949) 644 -3250
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Rudy E. Munoz
LDM Associates
10722 Arrow Route, Suite 822
Rancho Cucamonga, CA 91730
Phone — (909) 476 -6006 x 103
Fax — (909) 476 -6086
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26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a
period of two (2) days, or if more than two (2) days are reasonably required to cure the
default and the defaulting party fails to give adequate assurance of due performance
within two (2) days after receipt of written notice of default, specifying the nature of such
default and the steps necessary to cure such default, the non - defaulting party may
terminate the Agreement forthwith by giving to the defaulting party written notice
thereof.
26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant
as provided herein. Upon termination of this Agreement, City shall pay to the
Consultant that portion of compensation specified in this Agreement that is earned and
unpaid prior to the effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules
and regulations enacted or issued by City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein, whether of the same
or a different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions herein. Any modification of this
Agreement will be effective only by written execution signed by both City and
Consultant.
30. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
judgment as a design professional and is supplied for the general guidance of City.
Since Consultant has no control over the cost of labor and material, or over competitive
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bidding or market conditions, Consultant does not guarantee the accuracy of such
opinions as compared to contractor bids or actual cost to City.
31. PATENT INDEMNITY
The Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the day and year first written above.
APPROVED AS TO FORM:
By:
AT
By:
LaVonne Harkless
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Homer Blu u
City Manager
for the City of Newport Beach
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F. IUSERSIPLMSharedlCDB GIFY2003 -2004 WMcontractPSA2003. doc
Pei
03/03/2003 13:08 9094766086 LDM MDG ASSOCIATES FA t eu ea
r"I
LLDM
Associates-Inc.
December 6.2002
Daniel Trimble
Program Administrator
3300 Newport Blvd.
P.O- Bbx 1768
Newport Beach, CA 92658 -8915
Re: Proposal To Provide Community Development Block Grant Administration Services
Dear Mr, Trimble:
As per your request, the following letter proposal is being submitted to you in conjunction with
the City's Community Development Block Grant (CDBG) Program. As you know, this was
LDM Associates, Inc.'s (LDM's) first year in providing the City of Newport Beach with
administrative services for the CDBG Program. We believe that we have been able to come in
and become an extension of your staff and performing all required tasks associated with the
CDBG Program. It is our desire to continue to provide you and the City with our services.
Based on our experience in assisting you this last year, we proposed to perform the same scope
of service as last year for the same not to exceed price of $54,000. We propose to have Mr.
Rudy Munoz continue to administer the contract and the program on behalf of LDM. Mr.
Munoz would be assisted by Mr. Bill Kubal, Associate. Both of the aforementioned individuals
will be responsible for the day to day administration. functions of the CDBG program and will be
assisted by clerical staff in performing the required tasks. Our billing rates are attached to this
proposal and labeled Attachment "A."
If you have any questions regarding this matter, please do not hesitate to call me at your
convenience.
Si egrely,
David D. Meyer
President
10 72,2 Arrow Route • Suite 822 • Rancho Cucamonga • California 91730 (909) 476 -6006 • Fax (909) 476.6086
O3/03/2003 13:08 9094766086 LDM MDG ASSOCIATES
EXHIBIT "A"
SCHEDULE OF HOURLY BILLING RATES
Rates effective as of January 1, 2002
STAFF PERSON:
HOURLY RATE:
President
$80.00/Hr
!
Vice- President
$75.005+ -
Senior Associate
$65.00/1-Tr
Associate
$55.00 /Hr
Project Assistant
$40.00 /Hr
Secretary $30.00 /Hr
REIMBURSABLE ITEMS:
Project Supplies At Cost plus 10% surcharge
Prints/Rcproductions At Cost plus 10% surcharge
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CITY OF NEWPORT BEACH C -3ti8°►
CITY COUNCIL STAFF REPORT
Agenda Item No. s
3aruery- 7, -29E}�
January 14, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY
FROM: Community & Economic Development, Planning Departm nt JAN 14 2003
Daniel R. Trimble, Program Administrator
949/644 -3230. mailto: dtrimblegeity.newport- beach.ca.us AFPNUVLI
SUBJECT: Review and approval of contract renewal with LDM Associates for
administration of the Community Development Block Grant program for
Fiscal Year 2002 -2003.
ISSUE:
Review contract with LDM Associates. for administration of the Community
Development Block Grant program for FY 2002 -2003.
RECOMMENDATION:
Approve the proposed contract renewal with LDM Associates.
DISCUSSION:
Background:
The administration of the grant funds received by the City through the U.S. Department
of Housing and Urban Development (HUD) Community Development Block Grant
(CDBG) program involves a number of complex duties. In order to continue receiving
these federal funds the City must comply with all regulations and reporting
requirements, including submission of a multi -year Consolidated Plan, an annual One -
Year Action Plan, 'a Community 2020 analysis, and an annual Consolidated Annual
Performance and Evaluation Report (CAPER). Other activities include the maintenance
of fund expenditures and fund reimbursements through the HUD network known as
IDIS and funding and monitoring of Social Service and Fair Housing sub - grantee
contracts. Finally, the use of federal funds as a part of the Balboa Village Streetscape
and Pedestrian Improvement Program has required additional reporting and monitoring
requirements due to the Davis -Bacon Act and Minority Business Enterprise/Women's
Business Enterprise regulations.
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The City entitlement under the CDBG program for FY 2002 -2003 is $426,000. Program
regulations permit the expenditure of up to twenty percent of the total grant for
administration costs. The $54,000 proposed for this contract is the same as last year
and would be paid for with these funds. The remainder would be used for ongoing Fair
Housing administration and reimbursement of City staff time for oversight and review of
LDM Associates services. This arrangement would allow the City to maintain adequate
compliance with HUD requirements and still have regular oversight of the grant
program.
During the past year staff has been very pleased with the quality of services provided
by LDM Associates. Staff and the consultant team communicate on a regular basis and
continue to improve the administration of the program. The monitoring and support of
our sub - grantees has also improved. More importantly, our working relationship with
representatives from HUD has improved significantly.
Environmental Review:
Not subject to CEQA, as the activity is not a project, as defined in Section 15378(b)(4).
Public Notice:
None Required.
Funding Availability:
Funds for this service are included in City Budget Account No. 2730 -8551.
Submitted by:
SHARON Z. WO —.]A�
Assistant City M ger
Prepared by:
DANIEL R. TRIMBLE
C & ED Program Administrator
Attachments: Professional Services Agreement
F.1 USERSIPLMSharedlCDBGIFY2003- 20041 LDMconhachenewal2003.doc
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this day of January, 2003, by and
between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to
as "City "), and LDM Associates whose address is 10722 Arrow Route, Suite 822,
Rancho Cucamonga, CA 91730, (hereinafter referred to as "Consultant'), is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business
as it is now being conducted under the statutes of the State of California
and the Charter of City.
B. City desires to engage Consultant to provide report preparation, project
management and staff services upon the terms and conditions contained
in this Agreement.
C. The principal member of Consultant is, for purpose of this Project, David
D. Meyer.
D. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to contract with Consultant under the, terms of conditions provided
in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the _ day of January 2003,
and shall terminate on the _ day of January 2004, unless terminated earlier as set
forth herein.
2.. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" and incorporated herein by reference.
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3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of
this Section and the scheduled billing rates, attached hereto as Exhibit "A" and
incorporated herein by reference. No rate changes shall be made during the term of
this Agreement without prior written approval of City. Consultant's compensation for all
work performed in accordance with this Agreement shall not exceed the total contract
price of Fifty -Four thousand dollars ($54,000).
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit. monthly invoices to City payable by City within
thirty (30) days of receipt of invoice subject to the approval of City.
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with Exhibit "A ".
3.4 City shall reimburse Consultant only for those costs or expenses, which
have been specifically approved in this Agreement, or specifically approved in advance
by City. Such cost shall be limited and shall include nothing more than the following
costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement.
B. Approved computer data processing and reproduction charges.
C. Actual costs and /or other costs and /or payments specifically authorized in
advance in writing and incurred by Consultant in the performance of this
Agreement.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold payment of ten
percent (10 %) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
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4. STANDARD OF CARE
4.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement, and that it will
perform all services in a manner commensurate with the community professional
standards. All services shall be performed by qualified and experienced personnel who
are not employed by City nor have any contractual relationship with City. Consultant
represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further, represents
and warrants that it shall keep in effect all such licenses, permits and other approvals
during the term of this Agreement.
4.2 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of
strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely
information or to approve or disapprove Consultant's work promptly, or delay or faulty
performance by City, contractors, or governmental agencies, or any other delays
beyond Consultant's control or without Consultant's fault.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the expressed terms of this Agreement. Nothing in this Agreement shall be
deemed to constitute Consultant or any of Consultant's employees or agents, to be the
agents or employees of City. Consultant shall have the responsibility for and control
over the details in means of performing the work provided that Consultant is compliance
with the terms of this Agreement. Anything in this Agreement which may appear to
give City the right to direct Consultant as to the details of the performance of the
services or to exercise a measure of control over Consultant shall mean that Consultant
shall follow the desires of City only with respect to the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies that may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the Consultant on the Project.
7. PROJECT MANAGER
Consultant shall assign the Project to a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Project term. Consultant has designated Rudy E. Munoz to be its
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Project Manager. Consultant shall not remove or reassign any personnel designated in
this Section or assign any new or replacement person to the Project without the prior
written consent of City. City's approval shall not be unreasonably withheld with respect
to removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and the services shall be performed by Consultant in accordance with Exhibit A. The
failure by Consultant to strictly adhere to the schedule, may result in termination of this
Agreement by City, and the assessment of damages against Consultant for delay.
Notwithstanding the foregoing, Consultant shall not be responsible for delays that are
due to causes beyond Consultant's reasonable control. However, in the case of any
such delay in the services to be provided for the Project, each party hereby agrees to
provide notice to the other party so that all delays can be addressed.
8.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days after the start
of the condition that purportedly causes a delay, and not later than the date upon which
performance is due. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays, which are beyond
Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
either telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order
to ensure that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable City, county, state
and federal law, regulations and permit requirements and be subject to approval of the
Project Administrator and City.
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11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duty
authorized designee informed on a regular basis regarding the status and progress of
the work, activities performed and planned, and any meetings that have been
scheduled or are desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages
of any nature whatsoever, including, but not limited to, bodily injury, death, personal
injury, property damages, or any other.claims arising from any and all negligent acts or
omissions of Consultant, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement. This indemnity
shall apply even in the event of negligence of City, or its employees, or other
contractors, excepting only the sole negligence or willful misconduct of City, its officers
or employees, and shall include attorneys' fees and all other costs incurred in defending
any such claim. Nothing in this indemnity shall be construed as authorizing, any award
of attorneys' fees in any action on or to enforce the terms of this Agreement.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must
be filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation, all insurance policies shall add City, its
elected officials, officers, agents, representatives and employees as additional insured
for all liability arising from Consultant's services as described herein.
All insurance policies shall be issued by an insurance company currently
authorized by the Insurance Commissioner to transact business of insurance in the
State of California, with an assigned policyholders' Rating of A (or higher) and Financial
Size Category Class VII (or larger) in accordance with the latest edition of bests Key
Rating Guide: unless otherwise approved by the City Risk Manager.
A. Worker's compensation insurance covering all employees and principals
of Consultant, per the laws of the State of California.
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B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of
$1 million combined single limit per occurrence for bodily injury, personal
injury and property damage. If commercial general liability insurance or
other form with a general aggregate is used, either the general aggregate
shall apply separately to this Project, or the general aggregate limit shall
be twice the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million
combined single limit per accident for bodily injury and property damage.
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give City prompt and timely notice of claim made or suit
instituted arising out of Consultant's operation hereunder. Consultant shall also procure
and maintain, at its own cost and expense, any additional kinds of insurance, which in
its own judgment may be necessary for its proper protection and prosecution of the
work.
Consultant agrees that, in the event of loss due to any of the perils for which it
has agreed to provide comprehensive general and automotive liability insurance,
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein,
a waiver of any right of subrogation, which any such insurer of said Consultant may
acquire against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any for the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Consultant is a partnership or joint venture
or syndicate or cotenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50 %)
or more of the voting power, or twenty-five percent (25 %) or more of the assets of the
corporation, partnership or joint venture.
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15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed documents for other projects
and any use of incomplete documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this
Agreement by City.or persons other than Consultant is waived against Consultant and
City assumes full responsibility for such changes unless City has given Consultant prior
notice and has received from Consultant written consent for such changes.
Consultant shall, at such time and in such form as the City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
A. Access to, and upon request of Consultant, one copy of all existing record
information on file at City. Consultant shall be entitled to rely upon the
accuracy of data information provided by City or others without
independent review or evaluation. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's work schedule.
B. Copying and other services through City's reproduction company for each
of the required submittals. Consultant will be required to coordinate the
required submittals with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
18. ADMINISTRATION
This Agreement will be administered by the Planning Department. Patricia
Temple shall be considered the Project Administrator and shall have the authority act
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for City under this Agreement. The Project Administrator or his /her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall
be clearly identifiable. Consultant shall allow a representative of City to examine, audit
and make transcripts or copies of such records during normal business hours.
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.
20. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Consultant shall not
discontinue work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or his designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of
seven percent (7 %) per annum from the date of withholding of any amounts found to
have been improperly withheld.
21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than would have
resulted if there were not errors or omissions in the work accomplished by Consultant,
the additional expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the Project.
23. CONFLICTS OF INTEREST
A. The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial_ interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits
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such persons from making, or participating in making decisions that will
foreseeably financially affect such interest.
B. If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by City. Consultant shall indemnify and
hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
24. SUBCONSULTANT AND ASSIGNMENT
A. Except as specifically authorized under this Agreement, the services
included in this Agreement shall not be assigned, transferred, contracted
or subcontracted without prior written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be . given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States
mail, postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be .
addressed to City at:
City of Newport Beach
Planning Department
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
Phone — (949) 644 -3200
Fax — (949) 644 -3250
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Rudy E. Munoz
LDM Associates
10722 Arrow Route, Suite 822
Rancho Cucamonga, CA 91730
Phone — (909) 476 -6006 x 103
Fax — (909) 476 -6086
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26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a
period of two (2) days, or if more than two (2) days are reasonably required to cure the
default and the defaulting party fails to give adequate assurance of due performance
within two (2) days after receipt of written notice of default, specifying the nature of such
default and the steps necessary to cure such default, the non - defaulting party may
terminate the Agreement forthwith by giving to the defaulting party written notice
thereof.
26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant
as provided herein. Upon termination of this Agreement, City shall pay to the
Consultant that portion of compensation specified in this Agreement that is earned and
unpaid prior to the effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules
and regulations enacted or issued by City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein, whether of the same
or a different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions herein. Any modification of this
Agreement will be effective only by written execution signed by both City and
Consultant.
30. OPINION OF.COST
Any opinion of the construction cost prepared by Consultant represents his
judgment as a design professional and is supplied for the general guidance of City.
Since Consultant has no control over the cost of labor and material, or over competitive
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bidding or market conditions, Consultant does not guarantee the accuracy of such
opinions as compared to contractor bids or actual cost to City.
31. PATENT INDEMNITY
The Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the day and year first written above.
APPROVED AS TO FORM:
By:
Robin Clauson
Assistant City Attorney
for the City of Newport Beach
ATTEST:
:-
LaVonne Harkless
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
M
Homer Bludau
City Manager
for the City of Newport Beach
CONSULTANT
By:
F. IUSERSIPLMSharedlCDBGIFY2003- 2004VLDMoontractPSA2003.doc
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LLDM
Associates-Inc.
December 6, 2002
Daniel Trimble
Program Administrator
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, CA 92658 -8915
Re: Proposal To Provide Community Development Block Grant Administration Services
Dear Mr. Trimble:
As per your request, the following letter proposal is being submitted to you in conjunction with
the City's Community Development Block Grant (CDBG) Program. As you know, this was
LDM Associates, Inc.'s (LDM's) first year in providing the City of Newport Beach with
administrative services for the CDBG Program. We believe that we have been able to come in
and become an extension of your staff and performing all required tasks associated with the
CDBG Program. It is our desire to continue to provide you and the City with our services.
Based on our experience in assisting you this last year, we proposed to perform the same scope
of service as last year for the same not to exceed price of $54,000. We propose to have Mr.
Rudy Munoz continue to administer the contract and the program on behalf of LDM. Mr.
Munoz would be assisted by Mr. Bill Kubal, Associate. Both of the aforementioned individuals
will be responsible for the day to day administration functions of the CDBG program and will be
assisted by clerical staff in performing the required tasks. Our billing rates are attached to this
proposal and labeled Attachment "A."
If you have any questions regarding this matter, please do not hesitate to call me at your
convenience.
Si ely,
David D. Meyer
President
iy
10722 Arrow Route • Suite 822 • Rancho Cucamonga • California 91730 (909) 476 -6006 • Fax (909) 476 -6086
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EXHIBIT "A"
SCHEDULE OF HOURLY BILLING RATES
Rates effective as of January 1, 2002
STAFF PERSON:
President
Vice- President
Senior Associate
Associate
Project Assistant
Secretary
REIMBURSABLE ITEMS:
Project Supplies
Prints/Reproductions
HOURLY RATE:
$80.004r
$75.00/Hr
$65.00/Hr
$55.00/Hr
$40.00/Hr
$30.00/Hr
At Cost plus 10% surcharge
At Cost plus 10% surcharge
/S
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this day of October, 2001, by and
between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to
as "City "), and LDM Associates whose address is"I'9229 Utica Avenue, Suite 120,
Rancho Cucamonga, CA 91730, (hereinafter referred to as "Consultant'), is made with
reference to the following: ,k Ew sr�cT "040 - ;ss
AZI� 90wTC
SK ,TC' 8Z2
RECITALS �A �.a c4�.� w��, ca 9OV33
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business
as it is now being conducted under the statutes of the State of California
and the Charter of City.
B. City desires to engage Consultant to provide report preparation, project
management and staff services upon the terms and conditions contained
in this Agreement.
C. The principal member of Consultant is, for purpose of this Project, David
D. Meyer.
D. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to contract with Consultant under the terms of conditions provided
in this Agreement. .
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the 3D4= day of October 2001,
and shall terminate on the day of October 2002, unless terminated earlier as set
forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of
services, attached hereto as Exhibit "A" and incorporated herein by reference.
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3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of
this Section and the scheduled billing rates, attached hereto as Exhibit "A" and
incorporated herein by reference. No rate changes shall be made during the term of
this Agreement without prior written approval of City. Consultant's compensation for all
work performed in accordance with this Agreement shall not exceed the total contract
price of Fifty -Four thousand dollars ($54,000).
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly invoices to City payable by City within
thirty (30) days of receipt of invoice subject to the approval of City.
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with Exhibit W.
3.4 City shall reimburse Consultant only for those costs or expenses, which
have been specifically approved in this Agreement, or specifically approved in advance
by City. Such cost shall be limited and shall include nothing more than the following
costs incurred by Consultant:
A. The actual costs of subconsultants for perforfnance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement.
B. Approved computer data processing and reproduction charges.
C. Actual costs and /or other costs and /or payments specifically authorized in
advance in writing and incurred by Consultant in the performance of this
Agreement.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold payment of ten
percent (10 %) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
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4. STANDARD OF CARE
4.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement, and that it will
perform all services in a manner commensurate with the community professional
standards. All services shall be performed by qualified and experienced personnel who
are not employed by City nor have any contractual relationship with City. Consultant
represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents
and warrants that it shall keep in effect all such licenses, permits and other approvals
during the term of this Agreement.
4.2 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of
strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely
information or to approve or disapprove Consultant's work promptly, or delay or faulty
performance by City, contractors, or governmental agencies, or any other delays
beyond Consultant's control or without Consultant's fault.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the expressed terms of this Agreement. Nothing in this Agreement shall be
deemed to constitute Consultant or any of Consultant's employees or agents, to be the
agents or employees of City. Consultant shall have the responsibility for and control
over the details in means of performing the work provided that Consultant is
compliance with the terms of this Agreement. Anything in this Agreement which may
appear to give City the right to direct Consultant as to the details of the performance of
the services or to exercise a measure of control over Consultant shall mean that
Consultant shall follow the desires of City only with respect to the results of the
services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies that may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the Consultant on the Project.
7. PROJECT MANAGER
Consultant shall assign the Project to a Project Manager, who shall coordinate
all phases of the Project. This Project Manager shall be available to City at all
reasonable times during the Project term. Consultant has designated Rudy E Munoz to
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be its Project Manager. Consultant shall not remove or reassign any personnel
designated in this Section or assign any new or replacement person to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and the services shall be performed by Consultant in accordance with Exhibit A. The
failure by Consultant to strictly adhere to the schedule, may result in termination of this
Agreement by City, and the assessment of damages against Consultant for delay.
Notwithstanding the foregoing, Consultant shall not be responsible for delays that are
due to causes beyond Consultant's reasonable control. However, in the case of any
such delay in the services to be provided for the Project, each party hereby agrees to
provide notice to the other party so that all delays can be addressed.
8.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay, and not later than the
date upon which performance is due. The Project Administrator shall review all such
requests and may grant reasonable time extensions for unforeseeable delays, which
are beyond Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
either telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order
to ensure that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable City, county, state
and federal law, regulations and permit requirements and be subject to approval of the
Project Administrator and City.
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11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of
the work, activities performed and planned, and any meetings that have been
scheduled or are desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City
Council, boards and commissions, officers and employees from and against any and all
loss, damages, liability, claims, allegations of liability, suits, costs and expenses for
damages of any nature whatsoever, including, but not limited to, bodily injury, death,
personal injury, property damages, or any other claims arising from any and all
negligent acts or omissions of Consultant, its employees, agents or subcontractors in
the performance of services or work conducted or performed pursuant to this
Agreement. This indemnity shall apply even in the event of negligence of City, or its
employees, or other contractors, excepting only the sole negligence or willful
misconduct of City, its officers or employees, and shall include attorneys' fees and all
other costs incurred in defending any such claim. Nothing in this indemnity shall be
construed as authorizing, any award of attorneys' fees in any action on or to enforce
the terms of this Agreement.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must
be filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation, all insurance policies shall add City, its
elected officials, officers, agents, representatives and employees as additional insured
for all liability arising from Consultant's services as described herein.
All insurance policies shall be issued by an insurance company currently
authorized by the Insurance Commissioner to transact business of insurance in the
State of California, with an assigned policyholders' Rating of A (or higher) and
Financial Size Category Class VII (or larger) in accordance with the latest edition of
Bests Key Rating Guide: unless otherwise approved by the City Risk Manager,
A. Worker's compensation insurance covering all employees and principals
of Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of
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$1 million combined single limit per occurrence for bodily injury, personal
injury and property damage. If commercial general liability insurance or
other form with a general aggregate is used, either the general aggregate
shall apply separately to this Project, or the general aggregate limit shall
be twice the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million
combined single limit per accident for bodily injury and property damage.
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give City prompt and timely notice of claim made or
suit instituted arising out of Consultant's operation hereunder. Consultant shall also
procure and maintain, at its own cost and expense, any additional kinds of insurance,
which in its own judgment may be necessary for its proper protection and prosecution
of the work.
Consultant agrees that, in the event of loss due to any of the perils for which it
has agreed to provide comprehensive general and automotive liability insurance,
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein,
a waiver of any right of subrogation, which any such insurer of said Consultant may
acquire against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any for the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Consultant is a partnership or joint venture
or syndicate or cotenancy, which shall result in changing the control of Consultant,
shall be construed as an assignment of this Agreement. Control means fifty percent
(50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets
of the corporation, partnership or joint venture.
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15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed documents for other projects
and any use of incomplete documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any
and all liability arising out of changes made to Consultant's deliverables under this
Agreement by City or persons other than Consultant is waived against Consultant and
City assumes full responsibility for such changes unless City has given Consultant prior
notice and has received from Consultant written consent for such changes.
Consultant shall, at such time and in such form as the City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
A. Access to, and upon request of Consultant, one copy of all existing record
information on file at City. Consultant shall be entitled to rely upon the
accuracy of data information provided by City or others without
independent review or evaluation. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's work schedule.
B. Copying and other services through City's reproduction company for each
of the required submittals. Consultant will be required to coordinate the
required submittals with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
18. ADMINISTRATION
This Agreement will be administered by the Planning Department. Patricia
Temple shall be considered the Project Administrator and shall have the authority act
for City under this Agreement. The Project Administrator or his /her authorized
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representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall
be clearly identifiable. Consultant shall allow a representative of City to examine, audit
and make transcripts or copies of such records during normal business hours.
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.
20. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Consultant shall not
discontinue work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or his designee with respect to such disputed sums,
Consultant shall be entitled to receive interest on any withheld sums at the rate of
seven percent (7 %) per annum from the date of withholding of any amounts found to
have been improperly withheld.
21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than would have
resulted if there were not errors or omissions in the work accomplished by Consultant,
the additional expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the
Project.
23. CONFLICTS OF INTEREST
A. The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits
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such persons from making, or participating in making decisions that will
foreseeably financially affect such interest.
B. If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by City. Consultant shall indemnify and
hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
24. SUBCONSULTANT AND ASSIGNMENT
A. Except as specifically authorized under this Agreement, the services
included in this Agreement shall not be assigned, transferred, contracted
or subcontracted without prior written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States
mail, postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
Planning Department
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
Phone — (949) 644 -3200
Fax — (949) 644 -3250
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Rudy E. Munoz
LDM Associates
9229 Utica Avenue, Suite 120
Rancho Cucamonga, CA 91730
Phone — (909) 476 -6006 x 103
Fax — (909) 476 -6086
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26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a
period of two (2) days, or if more than two (2) days are reasonably required to cure the
default and the defaulting party fails to give adequate assurance of due performance
within two (2) days after receipt of written notice of default, specifying the nature of
such default and the steps necessary to cure such default, the non - defaulting party
may terminate the Agreement forthwith by giving to the defaulting party written notice
thereof.
26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant
as provided herein. Upon termination of this Agreement, City shall pay to the
Consultant that portion of compensation specified in this Agreement that is earned and
unpaid prior to the effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules
and regulations enacted or issued by City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein, whether of the same
or a different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions herein. Any modification of this
Agreement will be effective only by written execution signed by both City and
Consultant.
30. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
judgment as a design professional and is supplied for the general guidance of City.
Since Consultant has no control over the cost of labor and material, or over competitive
bidding or market conditions, Consultant does not guarantee the accuracy of such
opinions as compared to contractor bids or actual cost to City.
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31. PATENT INDEMNITY
The Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained in
Consultant's drawings and specifications provided under this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the day and year first written above.
APPROVED AS TO FORM:
By:
Robin Clauson
Assistant City Attorney
for the City of Newport Beach
ATTEST:
M
Lavonne rlarKless
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
By: C7�' �"""
Homer Bluda
City Manager
for the City of Newport Beach
F: IUsers% PLNISharecACDBGIFy2001- 20021AgreementsLLMDcontract. doc
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L D M
ASSOCIATES
September 6, 2001
Daniel Trimble
Associate Planner
City of Newport Beach
.3.300 Newport Boulevard
Post Office Box 1768
Newport Beach, CA 92658
Subject: Proposal for Community
Administration.
Dear Mr. Trimble:
Planning b
Consulting Services
Development Block Grant (CDBG) Program
LD'VI Associates is pleased to submit a proposal to provide consultant services to administer the City's
Community Development Block Grant (CDBG) program. Our consulting •Pam has highly qualified
professional staff with expertise in all aspects of CDBG administration including, but not limited to, the
preparation of the City's Five -Year Consolidated Plan/One -Year Action Plan, CAPER Quarterly
Financial Reports, IDIS record maintenance and drawdown preparation, monitoring of projects including
on -site monitoring of public service agencies.
Provided below, is the information you requested in your Request for Proposal (RFP). We hope this
proposal provides you with an understanding of our firm's ability to provide the CDBG Program
Administration services.
If you have any questions regarding this matter, please do not hesitate to call me at your convenience.
Respectfully Submitted,
,V - 0
w i
Rudy E. Munoz,
Senior Associate
Enclosure: Proposal
3229 Uhcs bonus, Sviu 120 Rancho Cuamenpa. Cslilarma 3'700 releohana 19091 478 -0008 Fa, 19091 g8d088 • E- mId'lemebol com
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Proposal - CDBG Program Administration
September 6, 2001
Page 2
DESCRIPTION OF FIRM
LDM Associates is a community development grants management, planningtredevelopment, construction
management, and architectural consulting firm. The firm is comprised of individuals with a wide variety
of expertise in various areas associated with grants management, redevelopment, planning, architecture
and construction. Our staff is knowledgeable in a number of computer programs including all of the
iVGcrosoft Office software, AutcCAD, WordPerfect, Quattro Pro, and Corel Draw. In addition, we have
staff members that are knowledgeable in the use of the Department of Housing and Urban Development's
(HUD's) IDIS and 2020 programs. We encourage you to visit our facilities located in the City of Rancho
Cucamonga.
Since 1991, we have offered administrative and management services to cities requiring assistance in
CDBG program management and administration as well as the implementation of CDBG funded projects.
We are currently under contract with the Cities of Rialto, Calabasas, San Fernando, and Hawthorne in
the administration of their Community Development Block Grant Program. In addition, we currently
provide housing rehabilitation services to the Cities of Rancho Palos Verdes, El Segundo, Hawthorne,
Walnut, La Puente, Lawndale, and Carson. We currently provide labor compliance services to the Cities
of Rialto, San Fernando, Hawthorne, La Puente, and Claremont. In addition to the Housing
Rehabilitation and Labor Compliance services, we provide Commercial Rehabilitation.
FIRtiIS EXPERIENCE
As CDBG program management consultants, LDM Associates provides assistance with the overall
management of the program, including the preparation of Consolidated Plans, Action Plans, monitor
capital improvement projects for compliance with the Davis -Bacon Act requirements, administering sub -
recipient contracts, and coordination with the Cities U.S. Department of Housing and Urban
Development (HUD) representative.
CO}LNIUMCATIQN WITH CITY STAFF
LDM Associates proposes to provide service on site or at it's home office as required by the City. We
anticipate becoming an extension of City staff and therefore would try to make ourselves flexible to meet
with Planning and Economic Development Staff. In addition, we would make ourselves available to
attend City Council, Redevelopment Agency, and Planning Commission meetings as requested by staff.
Based on the information obtained by City staff and the City's Section 108 Loan Consultant, we
antirpztz spending 16 hours per week at the City and our office (-.His is not inclusive of items listed in
section III-C of the RFP). We will also make ourselves available during non- scheduled hours should the
need arise by providing staff with our pager /cell phone numbers. Pending approval of the Section 108
loan, the number of hours may change (additional time may be rewired if the City wishes to have LDM
provide Davis Bacon review and monitoring of its Capital Improvement projects). On the days that we
are in attendance at the City, we .vi!l meet with City staff to discuss the progress of the program and
issues concerning the program.
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Proposal - CDBG Program Administration
September 6, 2001
Page 3
CONSULTANT TEAM
The members of our consulting group proposed to provide CDBG Program Administration consulting
services include David D. Meyer, Principal; Rudy E. Munoz, Senior Associate; Robert Kishita, Senior
Associate, and Esther Portillo, Associate. Mr. Munoz would act as the project manager and would be
the City's direct contact. ivlr. Kishita will assist Mr. Munoz in the day to day administration of the CDBG
Program. Ms. Portillo will be responsible for monitoring the public service programs to assure proper
record keeping is being maintained. In addition, our clerical staff will assist us in performing some
functions associated with the program. The resumes of the four aforementioned individuals are included
as part of this proposal.
PROPOSED SCOPE OF SERVICES
LDM Associates will provide the following consulting services for administration of the Community
Development Block Grant Program. The proposed services to be offered are as follows:
II General Administration of the CDBG Program
• Coordination with City staff in the identification, management and completion of all CDBG
funded projects including preparation or review of federal funding requirements as part of
construction bid packages, request for proposals, monitoring reports, public notices, etc.
• Preparation of all reports as required by HUD including but not limited to a One -Year action Plan
and annual funding application, a CAPER report, and Quarterly Financial Reports, etc.
• Setup and maintenance of IDIS and Community 2020 records including preparatiod of required
reports.
• Prepare draw down requests for reimbursement of expended funds on a quarterly basis or more
frequently as directed.
• Coordination with HUD Field office staff, Orange County HCD and Housing Authority staff,
other City representatives and various CDBG related constituencies.
Any such other activities as required to properly administer the program.
Administration of Sub- Recipient Contracts
• Prepare of NOFA on an annual basis for social services funding. Work with City staff to prepare
a funding plan for the recommended social service providers.
Prepare files and contracts for each of the funded social service and fair housing administration
pro- iders.
Proposal - CDBG Program Administration
September 6, 2001
Page 4
• Process all sub - recipients invoices.
Monitor all sub - recipients on an annual basis or sooner as necessary.
Perform Other CDBG Related Duties
Preparation of a revised Consolidated Plan, if necessary.
• Preparation of necessary Environmental Review forms and documents for CDBG projects.
n • Audit existing files and IDIS records for the last three fiscal years, and update and/or correct files
�! and IDIS records as necessary.
BUDGET PROPOSALS
As requested in the Request for Proposal, LDM Associates, we estimate that we will spend approximately
16 hours per week on the administration of the CDBG program. Based on a 52 week year, the'total.
estimated budget for the services is 554,000. If selected, we would be glad to meet with staff to provide
the City with a more detailed estimate.
.
CITY OF NEGORT BEACH C —3ygq
o�2EwPOR COMMUNITY AND ECONOMIC Hearing Date: October 23, 2001
@ DEVELOPMENT
PLANNING DEPARTMENT Agenda Item No.:
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* 3300 NEWPORT BOULEVARD Staff Person: I?=ieIR.; xAWWe
�crFOaN�
NEWPORT BEACH, CA 92658
(949) 644 -3200; FAX (949) 641 -3229
REPORT TO THE MAYOR AND CITY COUNCIL
PROPOSAL: Review and approval of one -year contract with LDA- oct" ales Tor-
administration of the Community Development Block Grant program
for FY 2001 -2002.
SUGGESTED
ACTION: Approve the proposed contract with LDM Associates for administration of
the Community Development Block Grant program for FY 2001 -2002.
Backjeround
The administration of the grant funds received by the City through the U.S. Department of
Housing and Urban Development (HUD) Community Development Block Grant (CDBG)
program involves a number of complex duties. In order to continue receiving these federal funds
the City must comply with all regulations and reporting requirements, including submission of a
multi -year Consolidated Plan, an annual One -Year Action Plan. a Community 2020 analysis. and
an annual Consolidated Annual Performance and Evaluation Report (CAPER). Other activities
include the maintenance of fund expenditures and fund reimbursements through the HUD
network known as IDIS and funding and monitoring of Social Service and Fair Housing sub -
grantee contracts. Finally, the use of federal funds as a part of the Balboa Village Streetscape
and Pedestrian Improvement Program will require additional reporting and monitoring
requirements due to the Davis -Bacon Act and Minority Business Enterprise /Women's Business
Enterprise regulations.
Discussion
From approximately 1991 to 1998 the City contracted for CDBG program administration services
with Willdan Associates. In an effort to save costs and have more direct staff oversight of the
CDBG program, the decision was made to discontinue the contract relationship and reassign this
responsibilityto current Economic Development staff in the Planning Department.
While the goal of having more oversight was met, the complexities of the various compliance and
reporting requirements were more demanding than anticipated. This was compounded by staff
turnover and inexperience with CDBG program administration as well as competing demands from
other Economic Development activities (e.g., BID Administration & support for Balboa Peninsula
revitalization). This led to concerns being raised by HUD field office representatives and their
recommendation that the City reconsider contracting with an experienced firm for its CDBG
program administration.
CDBG- LDM Associates Contract for Program Administration
October 2a. 2 -001
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In September, staff issued a Request for Proposals for CDBG Program Administration. Four
responses were received and three of the respondents were interviewed. The recommended firm.
LDM Associates, has significant experience with program administration, 108 Loans, and Davis -
Bacon and MBE/WBE monitoring and reporting. The staff that would be assigned to Newport
Beach has developed and maintained a good working relationship with staff at the Los Angeles
HUD field office and was highly recommended by the staff from the various cities they have
worked with. Specifically, they were given high marks for their ability to effectively communicate
with all City departments as well as HUD officials.
The City entitlement under the CDBG program for FY 2001 -2002 is $518,000. Program
regulations permit the expenditure of up to twenty percent of the total grant for administration
costs. The $54,000 proposed for this contract would be paid for with these funds. The remainder
would be used for ongoing Fair Housing administration and reimbursement of City staff time for
oversight and review of LDM Associates services. This arrangement would allow the City to
maintain adequate compliance with HUD requirements and still have regular oversight of the grant
WW'.
Submitted by:
SHARON Z. WOOD
Assistant City Manager
Prepared by:
DANIEL R. TRIMBLE
Associate Planner
Attachment: 1. Professional Services Agreement
F: IUsers I VYUha d1CM;IFy2001-20021 AXonaaviRpt.dw
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this day of October, 2001, by and
between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to
as "City "), and LDM Associates whose address is 9229 Utica Avenue, Suite 120,
Rancho Cucamonga, CA 91730, (hereinafter referred to as "Consultant'), is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business
as it is now being conducted under the statutes of the State of California
and the Charter of City.
B. City desires to engage Consultant to provide report preparation, project
management and staff services upon the terms and conditions contained
in this Agreement.
C. The principal member of Consultant is, for purpose of this Project, David
D. Meyer.
D. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to contract with Consultant under the terms of conditions provided
in this Agreement:
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the _ day of October 2001,
and shall terminate on the _ day of October 2002, unless terminated earlier as set
forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" and incorporated herein by reference.
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3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of
this Section and the scheduled billing rates, attached hereto as Exhibit "A" and
incorporated herein by reference. No rate changes shall be made during the term of
this Agreement without prior written approval of City. Consultant's compensation for all
work performed in accordance with this Agreement shall not exceed the total contract
price of Fifty -Four thousand dollars ($54,000).
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly invoices to City payable by City within
thirty (30) days of receipt of invoice subject to the approval of City.
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with Exhibit "A ".
3.4 City shall reimburse Consultant only for those costs or expenses, which
have been specifically approved in this Agreement, or specifically approved in advance
by City. Such cost shall be limited and shall include nothing more than the following
costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance- by City and awarded in accordance with the
terms and conditions of this Agreement.
B. Approved computer data processing and reproduction charges.
C. Actual costs and /or other costs and /or payments specifically authorized in
advance in writing and incurred by Consultant in the performance of this
Agreement.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold payment of ten
percent (10 %) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
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4. STANDARD OF CARE
4.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement, and that it will
perform all services in a manner commensurate with the community professional
standards. All services shall be performed by qualified and experienced personnel who
are not employed by City nor have any contractual relationship with City. Consultant
represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents
and warrants that it shall keep in effect all such licenses, permits and other approvals
during the term of this Agreement.
4.2 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of
strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely
information or to approve or disapprove Consultant's work promptly, or delay or faulty
performance by City, contractors, or governmental agencies, or any other delays
beyond Consultant's control or without Consultant's fault.
6. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the expressed terms of this Agreement. Nothing in this Agreement shall be
deemed to constitute Consultant or any of Consultant's employees or agents, to be the
agents or employees of City. Consultant shall have the responsibility for and control
over the details in means of performing the work provided that Consultant is compliance
with the terms of this Agreement. Anything in this Agreement which may appear to
give City the right to direct Consultant as to the details of the performance of the
services or to exercise a measure of control over Consultant shall mean that Consultant
shall follow the desires of City only with respect to the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies that may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the Consultant on the Project.
7. PROJECT MANAGER
Consultant shall assign the Project to a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Project term. Consultant has designated Rudy E Munoz to be its
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Project Manager. Consultant shall not remove or reassign any personnel designated in
this Section or assign any new or replacement person to the Project without the prior
written consent of City. City's approval shall not be unreasonably withheld with respect
to removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and the services shall be performed by Consultant in accordance with Exhibit A. The
failure by Consultant to strictly adhere to the schedule, may result in termination of this
Agreement by City, and the assessment of damages against Consultant for delay.
Notwithstanding the foregoing, Consultant shall riot be responsible for delays that are
due to causes beyond Consultant's reasonable control. However, in the case of any
such delay in the services to be provided for the Project, each party hereby agrees to
provide notice to the other party so that all delays can be addressed.
8.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days after the start
of the condition that purportedly causes a delay, and not later than the date upon which
performance is due. The Project Administrator shall review all such .requests and may
grant reasonable time extensions for. unforeseeable delays, which are beyond
Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
either telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order
to ensure that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable City, county, state
and federal law, regulations and permit requirements and be subject to approval.of the
Project Administrator and City.
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11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of
the work, activities performed and planned, and any meetings that have been
scheduled or are desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages
of any nature whatsoever, including, but not limited to, bodily injury, death, personal
injury, property damages, or any other claims arising from any and all negligent acts or
omissions of Consultant, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement. This indemnity
shall apply even in the event of negligence of City, or its employees, or other
contractors, excepting only the sole negligence or willful misconduct of City, its officers
or employees, and shall include attorneys' fees and all other costs incurred in defending
any such claim. Nothing in this indemnity shall be construed as authorizing, any award
of attorneys' fees in any action on or to enforce the terms of this Agreement.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must
be filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation, all insurance policies shall add City, its
elected officials, officers, agents, representatives and employees as additional insured
for all liability arising from Consultant's services as described herein.
All insurance policies shall be issued by an insurance company currently
authorized by the Insurance Commissioner to transact business of insurance in the
State of California, with an assigned policyholders' Rating of A (or higher). and Financial
Size Category Class VII (or larger) in accordance with the latest edition of Bests Key
Rating Guide: unless otherwise approved by the City Risk Manager.
A. Worker's compensation insurance covering all employees and principals
of Consultant, per the laws of the State of California.
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B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of
$1 million combined single limit per occurrence for bodily injury, personal
injury and property damage. If commercial general liability insurance or
other form with a general aggregate is used, either the general aggregate
shall apply separately to this Project, or the general aggregate limit shall
be twice the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million
combined single limit per accident for bodily injury and property damage.
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give City prompt and timely notice of claim made or suit
instituted arising out of Consultant's operation hereunder. Consultant shall also procure
and maintain, at its own cost and expense, any additional kinds of insurance, which in
its own judgment may be necessary for its proper protection and prosecution of the
work.
Consultant agrees that, in the event of loss due to any of the perils for which it
has agreed to provide comprehensive general and automotive liability insurance,
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein,
a waiver of any right of subrogation, which any such insurer of said Consultant may
acquire against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothedate or transfer this Agreement or
any for the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Consultant is a partnership or joint venture
or syndicate or cotenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50 %)
or more of the voting power, or twenty-five percent (25 %) or more of the assets of the
corporation, partnership or joint venture.
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15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed documents for other projects
and any use of incomplete documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this
Agreement by City or persons other than Consultant is waived against Consultant and
City assumes full responsibility for such changes unless City has given Consultant prior
notice and has received from Consultant written consent for such changes.
Consultant. shall, at such time and in such form as the City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement is to be kept
confidential unless the release of information is authorized by City.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
A. Access to, and upon request of Consultant, one copy of all existing record
information on file at City. Consultant shall be entitled to rely upon the
accuracy of data information provided by City or others without
independent review or evaluation. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's work schedule.
B. Copying and other services through City's reproduction company for each
of the required submittals. Consultant will be required to coordinate the
required submittals with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
18. ADMINISTRATION
This Agreement will be administered by the Planning Department. Patricia
Temple shall be considered the Project Administrator and shall have the authority act
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for City under this Agreement. The Project Administrator or his /her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall
be clearly identifiable. Consultant shall allow a representative of City to examine, audit
and make transcripts or copies of such records during normal business hours.
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.
20. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Consultant shall not
discontinue work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or his designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of
seven percent (7 %) per annum from the date of withholding of any amounts found to
have been improperly withheld.
21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than would have
resulted if there were not errors or omissions in the work accomplished by Consultant,
the additional expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the Project.
23. CONFLICTS OF INTEREST
A. The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such
persons to disclose financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits
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such persons from making, or participating in making decisions that will
foreseeably financially affect such interest.
B. If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by City. Consultant shall indemnify and
hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
24. SUBCONSULTANT AND ASSIGNMENT
A. Except as specifically authorized under this Agreement, the services
included in this Agreement shall not be assigned, transferred, contracted
or subcontracted without prior written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States
mail, postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
Planning Department
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
Phone — (949) 644 -3200
Fax — (949) 644 -3250
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Rudy E. Munoz
LDM Associates
9229 Utica Avenue, Suite 120
Rancho Cucamonga, CA 91730
Phone — (909) 476 -6006 x 103
Fax — (909) 476 -6086
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26. TERMINATION
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In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that party shill be deemed in
default in the performance of this Agreement. If such default is not cured within a
period of two (2) days, or if more than two (2) days are reasonably required to cure the
default and the defaulting party fails to give adequate assurance of due performance
within two (2) days after receipt of written notice of default, specifying the nature of such
default and the steps necessary to cure such default, the non - defaulting party may
terminate the Agreement forthwith by giving to the defaulting party written notice
thereof.
26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant
as provided herein. Upon termination of this Agreement, City shall pay to the
Consultant that portion of compensation specified in this Agreement that is earned and
unpaid prior to the effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules
and regulations enacted or issued by City.
28. WAIVER
A waiver by either parry of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein, whether of the same
or a different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions herein. Any modification of this
Agreement will be effective only by written execution signed by both City and
Consultant.
30. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
judgment as a design professional and is supplied for the general guidance of City.
Since Consultant has no control over the cost of labor and material, or over competitive
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bidding or market conditions, Consultant does not guarantee the accuracy of such
opinions as compared to contractor bids or actual cost to City.
31. PATENT INDEMNITY
The Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the day and year first written above.
APPROVED AS TO FORM:
By:
Robin Clauson
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
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Homer Bludau
City Manager
for the City of Newport Beach
CONSULTANT
By:
F: IUsersIPLMSharedlCDBGIFy2001- 200214greementsV Wcontract.doc
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Planning &
L D M
ASSOCIATES
September 6, 2001
Daniel Trimble
Associate Planner
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1763
Newport Beach, CA 92653
Consulting Services
Subject: Proposal for Community Development Block Grant (CDBG) Program
Administration.
Dear Mr. Trimble:
1
LDM Associates is pleased to submit a proposal to provide consultant services to administer the City's
Community Development Block Grant (CDBG) program. Our consulting ream has highly qualified
professional staff with expertise in all aspects of CDBG administration including, but not limited to, the
i� preparation of the City's Five -Year Consolidated Plan/One -Year Action Plan, CAPER, Quarterly
Financial Reports, IDIS record maintenance and drawdown preparation, monitoring of projects including
on -site monitoring of public service agencies.
Provided below, is the information you requested in your Request for Proposal (RFP). We hope this
proposal provides you with an understanding of our firm's ability to provide the CDBG Program
Administration services.
If you have any questions regarding this matter, please do not hesitate to call me at your convenience.
Respectfully Submitted,
Rudy E. Munoz,
Senior Associate
Enclosure: Proposal
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9229 Utica A ..m 9.,t. 120 • R•nche C.C, .9e. crli(w'. 97:0 • Telephone (9091416-00 0 6 • Fu 19091 479 -8088 • Fmed'emutof,., Co.
•
Proposal - CDBG Program Administration
September 6, 2001
Page 2
DESCRIPTION OF FMNI
LDM Associates is a community development grants management, planning/redevelopment, construction
management, and architectural consulting firm. The firm is comprised of individuals with a wide variety
of expertise in various areas associated with grants management, redevelopment, planning, architecture
and construction. Our staff is knowledgeable in a number of computer programs including all of the
Microsoft Office software, AutoC AD, WordPerfect, Quattro Pro, and Corel Draw. In addition. we have
staff members that are knowledgeable in the use of the Department of Housing and Urban Development's
(HUD's) IDIS and 2020 programs. We encourage you to visit our facilities located in the City of Rancho
1H Cucamonga.
Since 1991, we have offered administrative and manasement services to cities requiring assistance in
CDBG program management and administration as well as the implementation of CDBG funded projects.
We are currently under contract with the Cities of Rialto, Calabasas, San Fernando, and Hawthorne in
the administration of their Community Development Block Grant Program. In addition, we currently
provide housing rehabilitation services to the Cities of Rancho Palos Verdes, El Segundo, Hawthorne,
Walnut. La Puente, Lawndale, and Carson. We currently provide labor compliance services to the Cities
of Rialto, San Fernando. Hawthorne, La Puente, and Claremont. In addition to the Housing
Rehabilitation and Labor Compliance services, we provide Commercial Rehabilitation.
FIRMS EXPERIENCE
As CDBG program manasement consultants, LDM Associates provides assistance with the overall
management of the program, including the preparation of Consolidated Plans, Action Plans, monitor
capital improvement projects for compliance with the Davis -Bacon Act requirements, administering sub -
recipient contracts, and coordination with the Cities U.S. Department of Housing and Urban
Development (HUD) representative.
COMNIUNICATIQN WITH CITY STAFF
+J LDM Associates proposes to provide service on site or at it's home office as required by the City. We
anticipate becoming an extension of City staff and therefore would try to make ourselves flexible to meet
with Planning and Economic Development Staff. In addition, we would make ourselves available to
attend City Council, Redevelopment Agency, and Planning Commission meetings as requested by staff.
Based on the information obtained by City staff and the City's Section 108 Loan Consultant, we
anticipate spending 16 hours per wk at the City and our office (this is not inclusive.of items listed in
section III-C of the RFP). We will also make ourselves available during non - scheduled hours should the
need arise by providing staff with our pager /cell phone numbers. Pending approval of the Section 103
loan, the number of hours may change (additional time may be recuired if the City wishes to have LDM
provide Davis Bacon review and monitoring of its Capital Improvement projects). On the days that we
are in attendance at the City, we will meet with City staff to discuss the progress of the program and
issues concerning the program.
Proposal - CDBG Program Administration
September 6, 2001
Page 3
CONSULTANT TEAM
The members of our consulting group proposed to provide CDBG Program Administration consulting
services include David D. Meyer, Principal; Rudy E. Munoz, Senior Associate; Robert Kishita, Senior
Associate, and Esther Portillo, Associate. Mr. Munoz would act as the project manager and would be
the City's direct contact. Mr. Kishita will assist Mr. Munoz in the day to day administration of the CDBG
Program. Ms. Portillo will be responsible for monitoring the public service programs to assure proper
record keeping is being maintained. In addition, our clerical staff will assist us in performing some
functions associated with the program. The resumes of the four aforementioned individuals are included
as part of this proposal.
PROPOSED SCOPE OF SERVICES
LDM Associates will provide the following consulting services for administration of the Community
Development Block Grant Program. The proposed services to be offered are as follows:
General Administration of the CDBG Program
• Coordination with City staff in the identification, management and completion of all CDBG
funded projects including preparation or review of federal funding requirements as part of
construction bid packages, request for proposals, monitoring reports, public notices, etc.
• Preparation of all reports as required by HUD including but not limited to a One -Year action Platy
and annual funding application, a CAPER report, and Quarterly Financial Reports, etc.
s] • Setup and maintenance of IDIS and Community 2020 records including preparation of required
reports.
• Prepare draw down requests for reimbursement of expended funds on a quarterly basis or more
frequently as directed.
• Coordination with HUD Field office staff, Orange County HCD and Housing Authority staff,
other City representatives and various CDBG related constituencies.
Any such other activities as required to properly administer the program.
Administration of Sub - Recipient Contracts
• Prepare of NOFA on an annual basis for social services funding. Work with City staff to prepare
a funding plan for the recommended social service providers.
Prepare files and contracts for each of the funded social service and fair housing administration
providers. ) b
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Proposal - CDBG Program Administration
September 6, 2001
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• Process all sub - recipients invoices.
• Monitor all sub - recipients on an annual basis or sooner as necessary.
Perform Other CDBG Related Duties
• Preparation of a revised Consolidated Plan, if necessary.
• Preparation of necessary Environmental Review forms and documents for CDBG projects.
• Audit existing files and IDIS records for the last three fiscal years, and update and/or correct files
and IDIS records as necessary.
BUDGET PROPOSALS
As requested in the Request for Proposal, LDM Associates, we estimate that we will spend approximately
16 hours per week on the administration of the CDBG program. Based on a 52 week year, the'total
estimated budget for the services is $54,000. If selected, we would be glad to meet with staff to provide
the City with a more detailed estimate.
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