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HomeMy WebLinkAboutLorraine Mendez and Associates - 2013-05-09Dept ID ED 16-16 Page 1 of 2 Meeting Date 6/20/2016 4 _,4yo 5 C) , " 7 - - 6 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 6/20/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Ken Domer, Assistant City Manager Kellee Fritzal, Deputy Director, Business Development SUBJECT: Approve and authorize execution of Amendment No 1 to Agreement with Lorraine Mendez & Associates for US Department of Housing and Urban Development (HUD) Program Consulting Services in the amount of $30,000 for a total contract amount not to exceed $120,000 and extending the contract term through Mav 2017 Statement of Issue The City utilizes professional consulting services on an as -needed basis to assist with compliance activities for the Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Programs The current, agreement with Lorraine Mendez & Associates for these services is set to expire in 2016 However, the end of the Agreement term is in direct conflict with the timing of the annual grant cycle and multiple compliance activities imposed by HUD A change of consultant during the current cycle would put the City at a significant disadvantage to achieve mandated compliance Extension of the Agreement for an additional year in an amount not to exceed $30,000 allows for completion of current activities as well as sufficient time to issue a request for proposals (RFP) to secure and adequately prepare the selected consultant Financial Impact Services provided under this agreement are funded through the CDBG and HOME programs There is no impact to the General Fund Sufficient funds are available in Account 121980101 69300 ($15,000) and 120980401 69505 ($15,000) for this activity and were approved by the City Council during the mid -year budget adjustment Recommended Action Approve and authorize the Mayor and City Clerk to execute "Amendment No 1 to Agreement Between the City of Huntington Beach and Lorraine Mendez & Associates for US Department of Housing and Urban Development (HUD) Consulting Services" in the amount of $30,000 and extending the contract term through May 2017 Alternative Action(s) Do not approve the Amendment and direct staff accordingly Analysis The City of Huntington Beach receives federal Community Development Block Grant (CDBG) funding and HOME Investment Partnership (HOME) funds on an annual basis from the US Department of Housing and Urban Development (HUD) These funds are utilized by the City to provide programs and services benefitting to low -to -moderate income residents and those xB -l83- Item 15. - 1 Dept ID ED 16-16 Page 2 of 2 Meeting Date 6/20/2016 specifically residing in census block groups designated with more than 47 83 percent residents of low -to -moderate Income Projects Include housing rehabilitation for qualified homeowners, fair housing counseling and assistance, case management for seniors in need, literacy tutoring, after school programs in the Oak View neighborhood, coordination of services to the homeless, and capital improvements in the designated areas or which assist the mobility of the disabled on a citywide basis consistent with the Americans with Disabilities Act The City is required to report progress to HUD on a monthly, quarterly, and annual basis using a variety of mechanisms and to engage in ongoing monitoring to ensure compliance with program regulations Both the CDBG and HOME programs allow for a small percentage of the overall funds granted to the City to be utilized for program administration, which, for Huntington Beach, also includes the required fair housing services Many cities, including Huntington Beach, utilize the services of qualified consultants to take on some of the detailed and complex and ever -changing reporting responsibilities and to perform field and document monitoring of program subrecipients The City of Huntington Beach issued a Request for Proposals (RFP) for HUD consulting services in September 2012 and received three (3) qualified proposals Lorraine Mendez & Associates (LMA) was selected to provide this service at a cost not -to -exceed $30,000 annually for three years - The Agreement commenced in May 2013 and continued through May 2016 In the current program year, LMA has been engaged in prior year reporting, subrecipient monitoring, support of an annual visits from the City's independent financial auditors, preparation for two HUD field representative reviews, as well as in the six-month long preparation of the 2016-2017 annual plan, which serves as the City's annual application for HUD funding The end of the current Agreement with LMA approached at an impractical time which could put the City at a significant disadvantage in meeting HUD's various compliance mandates and in securing program funding for 2016-2017 Thus, the City is seeking to continue with LMA through May 2017, which will enable them to complete existing projects and reporting while the City issues an RFP and selects a qualified consultant to provide these services Environmental Status Not applicable Strategic Plan Goal Improve quality of life Attachment(s) 1 "Amendment No 1 to Agreement Between the City of Huntington Beach and Lorraine Mendez & Associates for US Department of Housing and Urban Development (HUD) Consulting Services" Item 15. - 2 xB -1 s4- AMENDMENT NO 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND LORRAINE MENDEZ & ASSOCIATES FOR US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) CONSULTING SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City." and LORRAINE MENDEZ & ASSOCLATES. LLC. hereinafter referred to as "Consultant WHEREAS, City and Consultant are parties to that certain agreement. dated May 9, 2013, entitled "PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND LORRAINE MENDEZ & ASSOCIATES FOR US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) CONSULTING SERVICES,' which agreement shall hereinafter be referred to as the "Original Agreement," and City, and Consultant wish to extend the Term of the Original Agreement for one (1) additional year and provide additional compensation of Thirty Thousand Dollars ($30,000) NOW, THEREFORE, it is agreed by City and Consultant as follows EXTENSION OF TERM The term of the Original Agreement is hereby extended for one (1) additional year The Original Agreement shall now expire on May 9, 2017 2 ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay, Consultant and Consultant agrees to accept an additional sum not to exceed Thirty Thousand Dollars ($30,000) The additional sum shall be added to the original sum of Ninety Thousand Dollars ($90,000), for a new total contract amount not to exceed One Hundred Twenty Thousand Dollars ($120,000) 16-5221/135428 REAFFIRMATION Except as specifically modified herein. all other terms and conditions of the Original Agreement shall remain in full force and effect CONSULTANT CITY OF HUNTINGTON BEACH, a LORRAINE MENDEZ & ASSOCIATES municipal corporation of the State of Califorma t/*�7�2%ZI,QiG�W City Clerk r ED APPROVED A1-1 sses Manager • 1 ,i APPROVED �'F � F APPROVED City Attorney 106 4ktiC11co 16-5221/135428 2 LORRMEN-01 SSAHIB CERTIFICATE OF LIABILITY INSURANCE DATE (MWDDIYYYY) F6/18/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT. If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Premier Agency, Inc 6 Sierra Gate Plaza 2nd FI CONTACT PHONE (916) 784-1008 ac No (916) 784.8116 Roseville, CA 95678 E-MAIL ADDRESS INSURERS AFFORDING COVERAGE NAIC 0 INSURER The Hanover Insurance Company 22292 INSURED INSURER B INSURER C Lorraine Mendez 8r Assoc LLC Lorraine Mendez 2100 Cold Stream Court INSURERD INSURER E Oxnard, CA 93036 INSURER F COVERAGES CERTIFICATE NUMBER REVISION NUMBER 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ILTR TYPE OF INSURANCE ADDLSU POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMID LIMITSINSD COMMERCIAL GENERAL LIABILITY CLAIMS MADE DOCCUR EACH OCCURRENCE $ PREMISES Ea occurrence $ MEO EXP (Any one person) S PERSONAL 6 ADV INJURY $ GENL AGGREGATE LIMIT APPLIES PER POLICY PRO- JECT LOC ROTHER GENERAL AGGREGATE $ PRODUCTS -COMPIOPAGG S $ AUTOMOBILE LIABILITY ANY AUTO ALL DIANED SCHEDULED AUTOS AUTOS NON-OVAIED HIREDAUTOS AUTOSPeraadent C MBINED INGLEUMIT Ea acddenl $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE S $ UMBRELLA LIAB EXCESS LIAB H OCCUR CLAIMS -MADE AP EACH OCCURRENCE S AGGREGATE S DIED I I RETENTIONS S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY �ICERAJEMBE EXCLUDEIT/DF,TfECUTIVE Y (Mandatory in NH) [fie s describe under OSG�RIPTION OF OPERATIONS Wow NIA d By: LItn-A [`11.chaeI G/s, , Atto neyLEACH STATUTE ER ' ACCtOEhfr S E L DISEASE - FA EMPLOYE $ E L DISEASE - POLICY LIMIT $ A Professional Llab X LHF990661903 04/03/2016 04/03/2017 Per Clalm 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached H more space Is required) Retention $2,500 City of Huntington Beach, Duane Solomon and Leslie Lalt are named as additional Insured per policy form 910.0001 12 09 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Huntington Beach 2000 Main Street THE ION DATE THEREOF, ACCORDANCE WITH THEOICY PROVISIONSCE WILL BE DELIVERED IN , Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE },-1 v"- C, 0-- ©1988-2014 ACORD CORPORATION All rights reserved ACORD 26 (2014101) The ACORD name and logo are registered marks of ACORD City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk June 22, 2016 Lorraine Mendez & Associates 2100 Cold Stream Court Oxnard, CA 93036 Dear Ms Mendez Enclosed for your records is a copy of the fully executed "Amendment No 1 to Agreement Between the City of Huntington Beach and Lorraine Mendez & Associates for US Department of Housing and Urban Development (HUD) Consulting Services " Sincerely, Robin Estanislau, CIVIC City Clerk RE pe Enclosure 'h Sister Cities Anjo, Japan ♦ Waitakere, New Zealand 0 0 2915 NOY 17 AM j 1; 29 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CITY OF LORRAINE MENDEZ &ASSOCIATES "t1°tTlIt.id3 FOR 17S &PARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) CONSULTING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and, a Lorraine Mendez & Associates, LLC, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide consulting services pertaining to the administration of, and compliance with, the federally - funded programs of the US Department of Housing and Urban Development (HUD); and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Lorraine Mendez who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/ surfnedprofessional svcs 50 to 100 10/12 1 of H 0 0 2 CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement 3 TERM, TIME OF PERFORMANCE Time is of the essence of this Agreement The services of CONSULTANT are to commence on q, 2013 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein All tasks specified in Exhibit "A" shall be completed no later thaO f^" Vfrom the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein 4 COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Ninety Thousand Dollars ($90,000) 5 EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional agree/ surfnet/professional svcs 50 to 100 10/12 2 of 11 9 0 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained 6 METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall agree/ surfnet/professional svcs 50 to 100 10/12 3 of I I • • apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above - mentioned insurance shall not contain a self -insured retention without the express written consent of CITY, however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements) B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that agree/ surfnet/professional svcs 50 to 100 10/12 4ofII 0 • insurance has been procured and is 1n force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY 10 CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement, the certificate shall: A. provide the name and policy number of each carrier and policy, B. state that the policy is currently in force, and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required agree/ surfnet/professional svcs 50 to 100 10/12 5 of 11 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder 12 TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13 ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. agree/ surfnet/professional sves 50 to 100 10/12 6 of 11 0 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S certified mail -return receipt requested. TO CITY - City of Huntington Beach ATTN: Deputy Director of Econ Dev. 2000 Main Street Huntington Beach, CA 92648 agree/ surfnet/professional svcs 50 to 100 10/12 7 of 11 TO CONSULTANT - Lorraine Mendez & Associates 2100 Cold Stream Court Oxnard, CA 93036 17 CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event 18 MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19 SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20 INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act agree/ surfnet/professional svcs 50 to 100 10/12 8 of 11 • a contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22 IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23 LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY, and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT agree/ surfnet/professional svcs 50 to 100 10/12 9 of 11 24 ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party 25 SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive 26 GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California 27 SIGNATORIES Each undersigned represents and warrants that its signature herembelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28 ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, agree/ surfnet/professional svcs 50 to 100 10/12 10 of 11 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers CONSULTANT, [COMPANY NAME] Lorraine Mendez & Associates rYam e"'� - l e)- print name ITS (circle one) Chairman/PresidentNice President AND print name ITS (circle one) Secretary/Chief Financial Officer/Asst Secretary — Treasurer agree/ surfnet/professionalsvcs 50 to 100 10/12 11 of 11 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of INITI<rO AN A OVED: r Bob Hall, Assistant ity Manager —a IAPPROVED Sa ity Attorney 13 Date PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND LORRAINE MENDEZ & ASSOCIATES FOR US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) CONSULTING SERVICES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Table of Contents Scope of Services.... ...... . ................ 1 City Staff Assistance. ........ ... .. .................... 2 Term, Time of Performance ........ .............................. .. 2 Compensation ... .. ... ................ 2 Extra Work... ......... ............... ...................2 Method of Payment.. .3 Disposition of Plans, Estimates and Other Documents ..................... 3 Hold Harmless ...... . . ......................... 3 Professional Liability Insurance. ...... ..... 4 Certificate of Insurance . ....... ....................... .5 Independent Contractor.. ............. . . ............ ......6 Termination of Agreement .......... .. .. 6 Assignment and Delegation.... .. ...... ...... ... ... 6 Copyrights/Patents .... ........... ............... 7 City Employees and Officials. ......................... 7 Notices ...... . ....... ..................... 7 Consent....... ..... ................................... 8 Modification ..... . .......... ................... 8 Section Headings ......... . ............. ..... 8 Interpretation of this Agreement... ... ........................8 Duplicate Original ....... ........... .. ................ . 9 Immigration 9 Legal Services Subcontracting Prohibited... 9 Attorney's Fees 10 Survival ....... .................. 10 Governing Law ... .... .................... 10 Signatories ....... .... 10 Entirety ...... ........ ................. 10 Effective Date .... ....................... I I EXHIBIT "A" A STATEMENT OF WORK (Narrative of work to be performed) B. CONSULTANT'S DUTIES AND RESPONSIBILITIES. C CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE Work identified in Exhibit A to be provided on an as -needed basis. EXHIBIT A �r Lorraine Mendez December 7, 2012 Jim Slobojan City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SUBJECT REQUEST FOR ADDITIONAL INFORMATION Dear Mr Slobojan, Thank you for your email on Monday, December 3, 2012 in which you requested additional information on the items listed below eCON PLANNING SUITE Lorraine Mendez & Associates has recently contracted with Karen Warner Associates to assist with the City of Burbank'si 2013-2018 Consolidated Plan utilizing HUD's new eCon Planning Suite In preparation of this contract, Ms Mendez has participated in HUD -sponsored webinars and has also reviewed the Desk Guide associated with the new system While the City of Huntington Beach is not required to submit a new Consolidated Plan, Annual Action Plan, or CAPER in the new system until FY 2015-16, the experience gained will nonetheless be invaluable It should also be noted that the new eCon Planning Suite has been designed to be part of the Integrated Disbursement and Information System (IDIS), which Lorraine Mendez & Associates is proficient in Likewise, the narratives in the eCon Planning Suite are based, for the most part, on HUD's Consolidated Plan Management Process (CPMP) narrative template, which Ms Mendez also has experience in Between January 2009 and May 2009, Ms Mendez worked with Ralph Castaneda & Associates to prepare the City of Indio's 2009- 2013 Consolidated Plan, and FY 2009-10 Annual Action Plan using the CPMP format SCOPE OF SERVICES AND FEE PROPOSAL Based on clarification of the City's needs, a revised scope of work and budget has been developed CDBG/HOME Programs Administration a Develop and Maintain Project Filing System and Checklist, including all necessary eligibility documentation to ensure compliance with HUD and federal cross -cutting requirements b Conduct environmental reviews and prepare environmental review records (up to level of environmental assessment, which would be treated as an additional cost) for all activities in accordance with NEPA and the implementing regulations at 24 CFR Part 58 Manage the federal Integrated Disbursement and Information System (IDIS) required to set-up, revise, fund, and report upon accomplishments and beneficiaries for all CDBG and HOME activities Generate, format, download, and analysis of all IDIS Reports Prepare agreements for subrecipients (both outside and intradepartmental) Assist in department budget preparation and work program = 2100 Cold Stream Court, Oxnard CA 93036 + T (805) 665-7310 + F (805) 4 5-1904 + = E Lorraine-Mendez@hotmail com 4 g Jointly with the Finance Department, assume financial management responsibilities, including preparing draw requests, receiptmg and drawdown of program income, approving subrecipient payment requests, and monitoring, CDBG/HOME expenditures h As appropriate, provide training for new Community Development staff on HUD program administrative functions 2 HOME Acquisition/Rehabilitation Program a Develop subsidy layering guidelines for rental and owner housing b Conduct financial analysis/layering review for Federally -assisted residential acquisition and rehabilitation projects c Assist City staff in drafting deal points and affordable housing agreements for federally -assisted residential new construction, and acquisition/rehabilitation projects, and/or review of affordable housing agreements, exhibits, and documents as to compliance with established HUD HOME regulations d Assist City staff in drafting operating and predevelopment loan agreements e Prepare environmental review records for proposed HOME affordable housing projects 3 Assist Staff in Responding to HUD and Single Audit Letters and/or Memorandums as Needed a Address and rectify all concerns and findings emanating from possible Agency or Federal Single Report Audits 4 CDBG and HOME Monitoring a Conduct desk and on -site CDBG subrecipient monitoring visits as required by regulation (monitoring typically occurs, after the end of the program year) • Prepare appointment letters • Conduct on -site visit with public service subrecipients, gather needed financial, beneficiary, and other necessary documentation to prepare monitoring report • Prepare monitoring report outlining subrecipient strengths and weaknesses, concerns, findings, and corrective actions to be taken • Follow-up with subrecipients on implementation of recommended corrective actions, and prepare monitoring close-out letters as needed • Provide technical assistance to staff and CDBG public service providers as needed b Conduct desk and on -site HOME monitoring of affordable housing projects • Prepare appointment letters to property owners or management • Schedule on -site inspections to determine compliance with Federal Housing Quality Standards (HQS), and local and state codes [Note City may opt to use Building or Code Enforcement staff to conduct on -site inspections, or Lorraine Mendez & Associates, upon City's request, may sub -contract inspection services to qualified person(s) ] • Conduct on -site monitoring to include review of project documents and tenant files to ascertain project compliance with HOME requirements, e g rents, tenant income eligibility, occupancy eligibility, property standards, affirmative marketing and fair housing, and lease terms • Prepare monitoring reports and follow-up correspondence until monitoring close out Report will outline strengths and weaknesses, concerns, findings, and corrective actions to be taken 5 Review (and Develop, as needed) HUD Grants Management Policies and Procedures Manual (Program Guidelines), including administration and monitoring of CDBG subrecipients, IDIS management, annual monitoring plan for HOME assisted rental projects, receipt and monitoring of program income, financial management, CHDO certification/re-certification, project file content and duration, non-discrimination, affirmative marketing, and anti - displacement, environmental review records, procurement, layering reviews, relocation, and Section 3 • 2100 Cold Stream Court, Oxnard CA 93036 + T (805) 665-7310 + E (805) 485-1904 + E Lorraine-Mendez@hotmail com + • 6 Prepare Annual 2013-14 Annual Action Plan and Amendments to 5-Year Consolidated Plan (Fixed Fee) a Prepare draft and final Action Plan, amendments to the Action Plan and, if applicable, required amendments to 5- Year Consolidated Plan as needed, oversee public review, and submit to HUD pursuant to HUD regulations b Conduct various administrative activities associated with the Annual Plan, including • Prepare public notice regarding availability of CDBG/HOME funds • Send out funding request applications to service agencies and internal City Departments • Establish mechanism for communication between staff and the City Council regarding agency and project selection and funding recommendations outside the realm of City Council meetings • Conduct all preparatory work preceding the public hearing on City's community development needs — invite service agencies to make presentation • Prepare binder with CDBG Public Service and Capital Project proposals, with staff summaries on each • Optional Upon establishment of a Citizen Advisory Committee, review applications with City Council appointment citizen advisory committee • Prepare staff report identifying funding recommendations • Enter projects into IDIS, and submit electronically to HUD • Prepare professional service agreements for subrecipients 7 Prepare 2012-13 Consolidated Annual Performance and Evaluation Report (CAPER) (Fixed Fee) a Preparation of draft and final CAPER document, oversight of public review, and submittal to HUD pursuant to HUD regulations E Services to be Perfor'`med Ali�Paf keJ $BQfhr Projectlead \' Associate 311fb#h " sBased on 12-Months1,,f , ,5; ;%,of hours hours TOTAL'', 1 HUD Administration 2 HOME Acq/Rehab Project Management 500 (10 hrs/wk) 500 (10 hrs/wk) 500 (10 hrs/wk) $100,000 3 HUD/Single Audit Correspondence 4 CDBG/HOME Monitoring Develop and Maintain HUD 5 Policies and Procedures Manuals 6 2013-14 Annual Action Plan, Con Plan Amendments (fixed fee) $10,000 7 2012-13 CAPER (fixed fee) $7,000 TOTAL $117,000 The price indicated above is valid for 180 days from the date of this letter We thank you for your consideration and look forward to the opportunity to work for the City of Huntington Beach Sincerely, LORRAINE MENDEZ & ASSOCIATES + 2100 Cold Stream Court, Oxnard CA 93036 + T (805) 665-7310 + F (805) 485-1904 + 4 E Lorraine-Mendez@hotmail com + orrez- i�: November 15, 2012 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SUBJECT: PROPOSAL FOR CONSULTING SERVICES FOR US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (CDBG AND HOME) Dear Mr Slobojan, This letter serves to thank you for the opportunity to provide services related to the administration of your HUD program I am pleased to offer our services based upon extensive experience in providing professional grants administration and affordable housing project management services My firm has broad experience in CDBG and HOME grants management and project monitoring for entitlement and participating jurisdictions We provide professional and technical services to various cities to assist in the development and implementation of program activities to ensure programs are within HUD compliance Our consultant services also include the preparation and analysis of reports and housing agreements as well as the completion of the Annual Action Plan, Consolidated Plan, and Comprehensive Annual Performance and Evaluation Report (CAPER) We will ensure that all projects and activities will be reported timely and accurately in the Integrated Disbursement and information System (IDIS) As principal of Lorraine Mendez & Associates (LM&A), I will maintain responsibility for project management, will serve as the primary staff member responsible for preparation of the all documents, and coordination with City staff Assisting me are Duane Solomon and Mika Takayasu Mr Solomon has experience in having worked for governmental jurisdictions, as well as for affordable housing consultants Mr Solomon brings over 30 years of local municipal experience in housing and community development While new to the field of local government and consulting, Ms Takayasu has experience in grant administration and will assist the project team with review of program performance reports and analysis of project files The team of LM&A is committed to completing all assignments with detail and accuracy and ensuring all projects are on schedule The price indicated in the following proposal is valid for 180 days from the date of this letter We thank you for your consideration and look forward to the opportunity to work for the City of Huntington Beach Sincerely, LORRAINE MENDEZ & ASSOCIATES + 2100 Cold Stream Court, Oxnard CA 93036 + T (805) 665-7310 + F (8051 485-1904 + E Lorraine-Mendez@hotmaii com + • • REQUEST FOR PROPOSAL VENDOR APPLICATION FORM TYPE OF APPLICANT Legal Contractual Name of Corporation Contact Person for Agreement Corporate Mailing Address City, State and Zip Code E-Mail Address Phone Contact Person for Proposals ❑ NEW ❑ CURRENT VENDOR Lorraine Mendez & Associates, LLC Lorraine Mendez, Principal 2100 Cold Stream Court Oxnard, CA 93036 Lorraine-mendez(a)-hotmail corn 805) 665-7310 Lorraine Mendez Title Principal I E-Mail Address Lorraine-mendez ai—hotmail com Business Telephone (805) 665-7310 Business Fax (805) 485-1904 Is your business (check one) ❑ NON PROFIT CORPORATION is your business (check one) ❑ CORPORATION ❑ INDIVIDUAL ❑ PARTNERSHIP ❑ FOR PROFIT CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP ❑ SOLE PROPRIETORSHIP ❑ UNINCORPORATED ASSOCIATION 1 of 2 Names & Titles of Corporate Board Members (Also list Names & Titles of persons with written authorization/resolution to sign contracts) Names Title Phone Lorraine Mendez Principal (805) 665-7310 Federal Tax Identification Number 27-2898748 City of Huntington Beach Business License Number (If none, you must obtain a Huntington contract ) None Beach Business License upon award of a City of Huntington Beach Business License Expiration Date 2of2 • BACKGROUND ANDIROJECT SUMMARY Lorraine Mendez & Associates (LM&A) will provide the City with qualified staff to support administration of Huntington Beach's HUD Programs As project principal, Lorraine Mendez will maintain responsibility for ensuring the overall quality of work of the subcontracted staff for this project, and the timeliness of project deliverables Duane Solomon will serve as Project Lead and, along with Ms Mendez, will be responsible for overseeing the day- to-day activities of HUD Programs Administration, and directing Housing Associate, Mika Takayasu, with the completion of specific tasks Lorraine Mendez and Duane Solomon can also assist is training Community Development Department staff on various aspects of the HUD program Lorraine Mendez & Associates will assume complete responsibility for program administration, with reliance on City staff limited to coordination and administrative support functions In review of the City's FY 2012-13 Annual Action Plan, as well as the scope of work in the Request for Proposals for which this proposal is being submitted, LM&A is proposing the following scope of services 1. CDBGIHOME Programs Administration a Develop and Maintain Project Filing System and Checklist, including all necessary eligibility documentation to ensure compliance with HUD and federal cross -cutting requirements b Conduct environmental reviews and prepare environmental review records (up to level of environmental assessment, which would be treated as an additional cost) for all activities in accordance with NEPA and the implementing regulations at 24 CFR Part 58 c Manage the federal integrated Disbursement and Information System (IDIS) required to set-up, revise, fund, and report upon accomplishments and beneficiaries for all CDBG and HOME activities d Generate, format, download, and analysis of all IDIS Reports e Prepare agreements for subrecipients (both outside and intradepartmental) f Assist in department budget preparation and work program g Jointly with the Finance Department, assume financial management responsibilities, including preparing draw requests, receipting and drawdown of program income, approving subrecipient payment requests, and monitoring CDBG/HOME expenditures h Provide contract administration of CDBG and HOME programs and projects I Develop quarterly subrecipient performance reports for quarterly submission j Ensure subrecipients submit quarterly reports, and conduct desktop monitoring on a quarterly basis k As appropriate, provide training for new Community Development staff on HUD program administrative functions 2. HOME Acquisition/Rehabilitation Program a Develop subsidy layering guidelines for rental and owner housing b Conduct financial analysis/layenng review for Federally -assisted residential acquisition and rehabilitation projects c Assist City staff in drafting deal points and affordable housing agreements for federally -assisted residential new construction, and acquisition/rehabilitation projects, andlor review of affordable housing agreements, exhibits, and documents as to compliance with established HUD HOME regulations d Assist City staff in drafting operating and predevelopment loan agreements e Prepare environmental review records for proposed HOME affordable housing projects 3. Respond to HUD and Single Audit Letters andlor Memorandums as Needed a Address and rectify all concerns and findings emanating from possible Agency or Federal Single Report Audits City of Huntington Beach Proposal 4 CDBG and HOME Monitoring a Conduct desk and on -site CDBG subrecipient monitoring visits as required by regulation (monitoring typically occurs after the end of the program year) • Prepare appointment letters • Conduct on -site visit with public service subrecipients, gather needed financial, beneficiary, and other necessary documentation to prepare monitoring report • Prepare monitoring report outlining subrecipient strengths and weaknesses, concerns, findings, and corrective actions to be taken • Follow-up with subrecipients on implementation of recommended corrective actions, and prepare monitoring close-out letters as needed • Provide technical assistance to staff and CDBG public service providers as needed b Conduct desk and on -site HOME monitoring of affordable housing projects • Prepare appointment letters to property owners or management • Schedule on -site inspections to determine compliance with Federal Housing Quality Standards (HQS), and local and state codes [Note City may opt to use Building or Code Enforcement staff to conduct on -site inspections, or Lorraine Mendez & Associates, upon City's request, may sub -contract inspection services to quahfied person(s) ] • Conduct on -site monitoring to include review of project documents and tenant files to ascertain project compliance with HOME requirements, e g rents, tenant income eligibility, occupancy eligibility, property standards, affirmative marketing and fair housing, and lease terms • Prepare monitoring reports and follow-up correspondence until monitoring close out Report will outline strengths and weaknesses, concerns, findings, and corrective actions to be taken 5. Develop and Maintain HUD Grants Management Policies and Procedures Manual (Program Guidelines), including, a Administration and monitoring of CDBG subrecipients b IDIS management c Annual monitoring plan for HOME assisted rental projects d Receipt and monitoring of program income e Financial Management f CHDO certification/re-certification g Project file content and duration h Non-discrimination, affirmative marketing, and anti -displacement i Environmental Review Records j Procurement k Layering reviews l Relocation m Section 3 6. Prepare Annual 2013-14 Annual Action Plan and Amendments to 5-Year Consolidated Plan (Fixed Fee) a Prepare draft and final Action Plan, amendments to the Action Plan and, if applicable, required amendments to 5-Year Consolidated Plan as needed, oversee public review, and submit to HUD pursuant to HUD regulations b Conduct various administrative activities associated with the Annual Plan, including • Prepare public notice regarding availability of CDBG/HOME funds • Send out funding request applications to service agencies and internal City Departments City of Huntington Beach Proposal 2 • Establish mechanism4o communication between staff and the IR Council regarding agency and project selection and funding recommendations outside the realm of City Council meetings • Conduct all preparatory work preceding the public hearing on City's community development needs — invite service agencies to make presentation • Prepare binder with CDBG Public Service and Capital Project proposals, with staff summaries on each • Optional Upon establishment of a Citizen Advisory Committee, review applications with City Council appointment citizen advisory committee • Prepare staff report identifying funding recommendations • Enter projects into IDIS, and submit electronically to HUD • Prepare professional service agreements for subrecipients 7. Prepare 2012-13 Consolidated Annual Performance and Evaluation Report (CAPER) (Fixed Fee) a Preparation of draft and final CAPER document, oversight of public review, and submittal to HUD pursuant to HUD regulations METHODOLOGY In managing and implementing HUD programs, Lorraine Mendez & Associates uses a variety of controls to ensure federal compliance and eligibility These include the following • Eligibility Review Forms to be used for each federally -funded activity The eligibility review form ensures that the activity is eligible under the CDBG or HOME program, that it meets a national objective, and that it is consistent with priorities and needs as identified in the governing Consolidated Plan • Environmental Review Record (ERR) to ensure that the activity has met all requirements under NEPA and 24 CFR Part 58 • Programmatic policies and protocols related to program administration (ERR, file management, CHDO Certification/Re-Certification, Monitoring of CDBG Subrecipients, Monironng of HOME -Assisted Projects, etc ) • File Checklists which outline, in detail, what each project file should contain to demonstrate eligibility LM&A will also utilize the City's Citizen Participation Plan (or update it as needed) as a guide for soliciting and documenting views of internal and external stakeholders The Citizen Participation Plan is used during the development of the Consolidated Plan, Annual Action Plan, and CAPER in an effort to achieve client satisfaction and to satisfy the requirements of the scope of work, LM&A ensures that city staff will be apprised of grant performance, the timely expenditure of grant funds, and critical dates for federal reports LM&A will provide the tools (analyses, spreadsheets, protocols and guidelines) necessary to assist staff in their decision making LM&A will also offer technical assistance, as needed, to city staff or program subrecipients to ensure client satisfaction in program delivery LM&A utilizes the grant cycle as the basis for establishing a project schedule and for identifying tasks that need to be performed throughout the program year For example, LM&A will establish protocols whereby subrecipients of federal funds are required to submit both a standardized performance report and payment request 15-days after the end of each quarter to ensure that IDIS has updated performance data each quarter, to ensure that any problem areas the subrecipient may be having are identified promptly and actions are taken to correct it, and to ensure that funds are being expended in a timely fashion Further, submission dates of Consolidated Plans, Annual Action Plans, and CAPER's will determine when public notices, community meetings, etc are to be held City of Huntington Beach Proposal LM&A will assume complete reonsibihty for program administration, witkance on city staff limited to coordination and administrative support functions Such functions to be performed by city staff include • Public and community meetings and presentations related to the adoption of the Consolidated Plan (or amendments to) Annual Action Plan, and CAPER LM&A will provide all written reports, staff reports, agenda bills, and public notices and will be available to attend all meetings to support staff • Cry staff will have all signatory authority to approve draws, however LM&A will work with the City's Finance and program staff to prepare the draw requests for approval • Staff will be responsible for the project management of HUD program such as the City's rehabilitation program, capital improvement projects, and housing programs and projects LM&A will provide technical support and guidance including assisting with ERR's, layering and subsidy reviews, and drafting of legal documents (affordable housing agreements, subrecipient agreements, predevelopment loan agreements, etc) Note, that LM&A is able to provide project management services if needed, however the scope of work and fee proposal described in this proposal would need to be amended STAFFING Lorraine Mendez - Principal Lorraine Mendez has been under contract with other jurisdictions over the last seven years providing administrative services associated with the HUD Program A major focus of this effort has been to improve the overall administration and implementation of City's HUD grant programs as required by HOME and CDBG regulations Lorraine Mendez, in partnership with Duane Solomon, has been successful at addressing program deficiencies common in many jurisdictions, and has established improved administrative protocols for activities under the CDBG and HOME programs Ms Mendez has worked under contract with various consultants, including Karen Warner Associates, Solomon & Associates, and Castaneda Associates, and more recently as principal of Lorraine Mendez & Associates, LLC in cities such as Huntington Park, Indio, Garden Grove, Santa Clanta, Burbank, and Westminster Specifically in the cities of Huntington Park and Westminster, Ms Mendez has overseen complete implementation of the CDBG and HOME programs In addition to daily HUD administrative services (as offered here in the Background and Project Summary Section), Ms Mendez has also prepared, or assisted in the preparation, of various Consolidated Plans, Annual Action Plans, and CAPERs Ms Mendez also has five years experience working for the City of Burbank where she gained knowledge and experience in the fields of Redevelopment, housing, community development, fiscal management, goal setting, and performance tracking Duane Solomon — Project Lead (Subcontractor) Mr Solomon offers over 30 years of CDBG and HOME administration experience He served as the Housing Development Manager for the City of Burbank for six years, and has also worked in the cities of Garden Grove and Pomona administering CDBG and HOME program activities, as well as being retained by a number of cities, including Huntington Park, Garden Grove, Burbank, Westminster, and Cerritos to provide grants management, project management, training andlor related housing services Mr Solomon, along with Lorraine Mendez, will oversee the day-to-day administration of the City's HUD Program, and will assist the City in addressing deficiencies and developing improved administrative protocols Mika Takayasu — Housing Associate (Subcontractor) New to the field of local government, Ms Takayasu is a recent addition to the Lorraine Mendez & Associates team Ms Takayasu will provide administrative services to our consulting firm including, but not limited to, file City of Huntington Beach Proposal 4 maintenance, eligibility review anocordation, assistance with environmental) sews, subrecipient performance reporting, and other assignments as needed For more intonation, please refer to the resumes on the following page City of Huntington Beach Proposal 5 rq rer Lorraine Mendez 9 2100 COLD STREAM COURT OXNARD CA 83036 (806) 665-'310 Lorrane-Mendez@hotrnail corn SUMMARY OF QUALIFICATIONS • Eleven years local and state government experience • B A degree in Economics with minor in Business Administration EMPLOYMENT HISTORY July 2006 — Present. Consultant with Karen Darner Associates, Inc. City of Huntington Park, Huntington Park CA • Assist in on -going administration of HUD's Community Development Block Grant (CDBG) and HOME Investment Partnerships Act (HOME) programs, including Assisting Karen Warner Associates (KWA) prepare Annual Action Plan, Five Year Consolidated Plan, Analysis of Impediments to Fair Housing Choice, and Consolidated Annual Performance Evaluation Report (CAPER) Preparing department protocols and procedures Managing the federal integrated Disbursement and Information System (IDIS) required to set-up, revise, fund, and report upon accomplishments and program beneficiaries for all CDBG and HOME activities On -site monitoring for, and technical assistance to, each CDBG public service subrecipient to ensure compliance with federal requirements and adherence to the entity's subrecipient agreement with the City Assuming financial management responsibilities, such as preparing draw requests, approving payment requests, and monitoring CDBG/HOME expenditures Assisting with preparation of CDBG and HOME fiscal budget Monitoring of City's HOME -assisted affordable housing agreements including on -site monitoring of housing projects to ensure compliance with HOME regulations Assisting with special assignments as needed including the development a code enforcement strategy for use of CDBG funding, in-depth auditing of the City's minor home repair program, and review of staff reports, requests for proposals, and other department reports and correspondence March 2010 — Present. Principal, Lorraine Mendez & Associates City of Westminster, Westminster CA • Contract lead for on -going administration of HUD's Community Development Block Grant (CDBG) and HOME Investment Partnerships Act (HOME) programs, including Preparation of Annual Action Plan and Consolidated Annual Performance Evaluation Report (CAPER) Preparation of project files for all HUD -assisted projects to ensure compliance with federal regulations and requirements Preparation of department protocols and procedures Management of the federal Integrated Disbursement and Information System (IDIS) required to set-up, revise, fund, and report upon all CDBG and HOME activities On -site monitoring for, and technical assistance to, each CDBG public service subrecipient to ensure compliance with federal requirements and adherence to the entity's subrecipient agreement with the City City of Huntington Beach Proposal —� Financial management res#nsibilities, such as preparing draw request! approving payment requests, and monitoring CDBG/HOME expenditures —� Preparation of CDBG and HOME fiscal budget —� Monitoring of the City's HOME -assisted affordable housing agreements including on -site monitoring of affordable housing projects to ensure compliance with Federal HOME regulations July 2012 — Present: Principal, Lorrame.Mendez & Associates City of Burbank, Burbank, CA • Preparation of CDBG Procedures Manual as required by HUD January 2007 — May 2009- Sub -Consultant on Various Assignments Cities of Indio, Garden Grove, Santa Clarita, and Huntington Beach • January 2009 — May 2009 Assisted Castaneda & Associates with the development of the City of Indio's 2009- 2013 Consolidated Plan and 2009-2010 Annual Action Plan using both the traditional written plan submission and HUD s Consolidated Plan Management Process (CPMP) • August 2008 — February 2009 Assisted Solomon & Associates with the monitoring of Garden Grove's Agency for Community Development assisted affordable housing agreements to ensure compliance with Federal HOME regulations • January 02007— June 2007 Drafted City of Santa Clarita's 2007 Annual Action Plan • May 2007 — September 2007 Assisted Karen Warner Associates with the Housing Needs Assessment as part of the 2008-2014 Housing Element update for the City of Huntington Beach October 2000 — June 2005: Administrative Analyst Community Development Department, City of Burbank, Burbank CA • Division manager for Community Development Department Administration Division • Coordinated budget for Department including General Fund, Special Revenue, Housing Authority, Redevelopment, CDBG, HOME, and CIP funds • Chaired the Budget Action Team (BAT), an antra -divisional committee responsible for recommending cost - reduction plans to include streamlining business processes, increasing revenues, and finding technological solutions to common business practices • Prepared Housing and Redevelopment Division budget for 3 fiscal years • Assisted in preparation of Annual HCD Report, implementation Plan, State Controllers Report and other State and Federal mandated reports including gathering census data on population, ethnicity, households, housing occupancies, and income demographics • Organized community outreach programs and meetings City of Huntington Beach Proposal 7 Duane Solomon 6791 Monterey Place, Rancho Cucamonga, CA 91701 (909) 240-2390 duanesolo(d)aol com INTRODUCTION Duane Solomon of Solomon & Associates is a single employee firm with extensive experience in providing project management, technical assistance and administration of Federal grant programs, including the Home investment Partnerships Act (HOME) Program and Community Development Block Grant (CDBG) programs, with over 34 years in the field The Consultant is trained in the statutory and regulatory limits of federal community development and housing programs and federal cross cutting requirements The consultant has worked in multiple cities in southern California, most recently serving as the Housing Development Manager for the City of Burbank for the last six years before retirement, During the past eight years since retiring, the consultant has been providing CDBG and HOME program grant services to a variety of cities in Los Angeles and Orange counties The consultant has been retained by various cities such as Garden Grove, Claremont, Santa Clanta and Burbank, to provide related grant and management and housing project management funded with federal and redevelopment agency Tax Increment Low and Moderate income Housing Funds Mr Solomon has served as a subconsultant to Karen Warner Associates providing similar services to the city of Huntington Park and preparing Yorba Linda's first Consolidated Plan and Annual Action Plan as an entitlement city, to Ralph Castaneda Associates in the cities of Temple City, Indio and Monterey Park and to Lorraine Mendez Associates in the City of Westminster EMPLOYMENT HISTORY City of Huntington Park December 2004 to Present: Consultant with Karen Warner Associates City of Huntington Park, Huntington Park, CA Assist in on -going administration of HUD's Community Development Block Grant (CDBG) and HOME Investment Partnerships Act (HOME) programs, which includes tasks such as the following • Assisting Karen Warner Associates (KWA) prepare Annual Action Plan, Five Year Consolidated Plan, and Consolidated Annual Performance Evaluation Report (CAPER) • Preparing project fifes for all HUD -assisted projects to ensure compliance with federal regulations and requirements • Managing the federal integrated Disbursement and Information System (IDIS) required to set-up, revise, fund and report upon accomplishments and program beneficcanes for all CDBG and HOME activities • On -site monitoring for, and technical assistance to, each CDBG public service subrecipient to ensure compliance with federal requirements and adherence to the entity's subrecipient agreement with the City • Assuming financial management responsibilities, such as preparing draw requests, approving payment requests, and monitoring CDBG/HOME expenditures • Assisting with preparation of CDBG and HOME fiscal budget • Drafted City's Citizen Participation Plan and Affirmative Marketing Plan • Prepared various HOME and CDBG protocols for City, including CHDO certification procedures, rental housing monitoring policies and procedures and Layering Review Guidelines • Drafting CDBG subrecipient Agreements and interdepartmental Memorandum of Understudying • Drafting deal point and affordable housing agreements with rental housing developers, principally involving CHDOs City of Huntington Beach Proposal • Preparing financial analysis to*isfy HOME layering review requirements• • Monitoring the City's HOME -assisted affordable housing agreements including on -site monitoring of affordable housing projects to ensure compliance with Federal HOME regulations City of Garden Grove 2002 to Present Currently providing HOME and CDBG grant management training to new employees, which includes training on the federal IDIS software, HOME and CDBG regulations, crosscutting federal requirements, federal environmental regulations, federal and state relocation guidelines, conducting on -site monitoring of multifamily housing revenue and HOME assisted affordable housing projects Other activities include • In coordination with staff from the Community Development Department and the City Controller's Office, Consultant assists in administering the Integrated Disbursement Information System (IDIS) by setting up/revising projects and activities, closing out completed activities, requesting and approving draws, as well as work with the City Controller's staff in tracking program income • Certify and annually re -certify community housing development organizations • Assist in preparing CDBG subrecipient agreements and interdepartmental Memorandum of Understandings • Set-up CDBG projects files to include environmental review record and summary sheet of each projects national objective and eligibility • Provide a report tracking HOME and CDBG commitments and expenditures to ensure compliance with grant standards • Assist Agency staff as necessary in preparing the City's Consolidated Annual Action Plans • Provide staff with information and draft memoranda, as necessary, regarding rent, income limitations and HOME subsidy limits • Prepare layering review for HOME projects • Maintain the HOME Match Log to track HOME match obligations and match sources • Prepare in accordance with 24 CFR Part 58 environmental review records for HOME and CDBG activities • Monitor agreements to ensure conformance with conditions precedent to closing/disbursement of funds, adherence to schedule of performance and all Federal cross -cutting requirements • Review with staff project files to ensure all pertinent documents are in place City of Westminster April 2010 to Present. Consultant with Lorraine Mendez & Associates • Provide ongoing administration of HUD Programs Conduct environmental reviews and prepare environmental review records (up to level of environmental assessment) for all activities in accordance with NEPA and the implementing regulations at 24 CFR Part 58 Manage the federal Integrated Disbursement and Information System (IDIS) required to set-up, revise, fund, and report upon accomplishments and beneficiaries for ail CDBG and HOME activities Prepare agreements for subrecipients and interdepartmental memoranda of understanding (MoU) Assist in department budget preparation Assume financial management responsibilities, including preparing draw requests, approving subrecipient payment requests, and monitoring CDBG/HOME expenditures Provide contract administration of CDBG and HOME programs and protects Develop quarterly subrecipient performance reports for quarterly submission Ensure subrecipients submit quarterly reports, and conduct desktop monitoring on a quarterly basis As appropriate, provide training for new Community Development staff on HUD program administrative functions Develop and Maintain Project Filing System and Checklist, including all necessary eligibility documentation to ensure compliance with HUD and federal cross -cutting requirements City of Huntington Beach Proposal 9 Respond to HUD Letters andAsemorandums as Needed Prepare Annual Action Plans, 5-Year Consolidated Plans, and CAPER s July 2004 — 2012: Consultant on Various Assignments Cities of Yorba Linda, Claremont, Burbank, Santa Clarita, Monterey Park, and Cerritos • 2012 Assisted in drafting the Consolidated Plan and Annual Action Plan for the City of Yorba Linda • May — July 2009 Prepared NEPA Environmental Assessment for a Low income Housing Tax Credit project by Jamboree Housing CorporaDon for the City of Claremont • July — December 2004 and August — November 2007 Retained on two occasions to train staff and to provide technical assistance for the HOME Program and affordable housing projects • 2007 Drafted the City of Santa Clanta's 2007 Annual Action Plan ® January 2006 Retained by the Consultant firm of Ralph Castaneda Associates to provide technical assistance to the principal and to provide monitoring services to the City of Monterey Park • October 2004 — June 2005 Prepared a policy and procedures manual to assist the City of Cerritos implement a revised single-family residential rehabilitation program City of Huntington Beach Proposal 10 Mika Takayasu 18781 Winnwood Lane North Tustin, CA 714/264-4224 Objective: To obtain a position that will utilize my work experience with low-income housing programs, strong organizational skills, and educational background CDBG and HOME Program Compliance: • Analyze and review Subrecipient Performance Reports to accurately identify if the goals and objectives of the program are being met • Prepare and draft subrecipient monitoring reports • Review subrecipient protect files to verify the accuracy of documentation provided • Meet and coordinate with local property managers to ensure all documents meet City and State regulations • Conducted off -site monitoring visits to ensure all rental units were within compliance • Planned and organized day-to-day tasks of grant programs, including follow-up on applicant inquiries, property inspections, and drafting of letters to residents and contractors • Interpret and apply pertinent provisions of program rules and regulations and counsel applicants • Evaluated conformance with established rules and regulations and take appropriate corrective action regarding violations • Assisted in drafting and implementing new policies and procedures for low-income housing programs Housing Program Administration: • Managed housing program caseloads and reviewed applications, city contracts, and grant agreements to determine eligibility for program participation • Participated in coordinating the development and implementation of goals, objectives, policies, and priorities for the Housing Division low-income programs • Administered the City's low-income housing assistance programs and worked with applicants from different ethnic and economic backgrounds • Assisted residents in obtaining information and applications for the Section 8 Housing program • Provided a supportive environment for families to inquire and apply for low-income housing programs • Assisted residents with housing applications by responding to questions or concerns on grant process and maintained the program waiting list • Responded in a timely manner to daily phone calls from applicants, contractors, and rehabilitation inspectors Analytical/Technical Review: • Drafted applicant letters, staff reports, Council resolutions, and contract amendments • Drafted memos to City Council and prepared public hearing notices • Coordinated and performed a variety of administrative and technical tasks in accordance with the rules and regulations of the housing program requirements • Managed spreadsheets, files, and all documentation pertaining to Housing grants • Assisted Westminster Police Department in completing the application for the State Disaster Recovery Initiative grant, obtaining all necessary documentation and ensuring all grant policies had been met City of Huntington Beach Proposal 11 Financial Analysis: • Reviewed and analyzed financial information such as income documents, bank statements, and income limitations for low-income housing program approval • Assisted eligible applicants in understanding and completing applications for loan requirements, computed mortgage payments, performed reexaminations of applicants eligibility, and performed administrative tasks involved in the review and maintenance of loan applications • Performed consistent underwriting using sound judgment to assign risk and ensure acceptable loan quality • Discussed conditions, scenarios, product questions and/or requirements with Account Managers, Account Executives, and Brokers • Assisted in training Level I Underwriters and Underwriter Trainees • Participated in ongoing training programs to create effective communication • Traveled and assisted branches to meet turn time demand for loan approval • Underwrite loans for various states and follow state specific guidelines Work History - August 2010 — Present, Housing Consultant - City of Westminster, CA • November 2008 to July 2010, Receptionist - Alstyle Apparel, Anaheim, CA • September 2006 to June 2008, Barista - Starbucks Coffee, Portland, OR • August 2002 to March 2006, Underwriter - Option One Mortgage Cc , Irvine, CA Education: Bachelor of Arts in Psychology, Chapman University, GPA 3 5 Pursuing Masters in Public Administration, Cal State Long Beach Special Skills - Knowledge of Windows 2007, Microsoft Word, Excel, PowerPoint, and Outlook Certificate for Desktop, Illustrating and Publishing City of Huntington Beach Proposal 12 QUALIFICATIONS Lorraine Mendez & Associates is a consulting firm specializing in the administration and implementation of HUD Community Development Block Grant (CDBG) and HOME investment Partnership Act (HOME:) funds Ms Lorraine Mendez, principal of Lorraine Mendez & Associates, has 12 years of experience working in, and with, local governments She began her career with the City of Burbank where she acquired knowledge in budget preparation, redevelopment, housing, CDBG, and general administration of the Community Development Department Nearly seven years ago, she partnered with Karen Warner and Duane Solomon of Karen Wainer Associates, to help the City of Huntington Park remedy and improve intemal protocols in HUD grants management Over the seven years, her role has grown to include a wide variety of tasks associated with the administration of the CDBG and HOME programs in early 2010, Lorraine Mendez & Associates was selected by the City of Westminster to provide administration of the city's HUD programs and continues to contract there today Partnering with Ms Mendez is Duane Solomon Mr Solomon and Ms Mendez have worked successfully together for 12 years beginning at the City of Burbank, and again as consultants to the City of Huntington Park, Westminster, Garden Grove, and Santa Clarita Mr Solomon has worked in, and for, local jurisdictions for over 30 years and has gained an expertise in CDBG, HOME, and Redevelopment laws and regulations in addition to being a successful housing development manager, he has excellent experience is setting up internal protocols and systems, developing various regulatory agreements, and providing technical assistance to both city staff and its constituencies Also assisting Lorraine Mendez & Associates is Mika Takayasu Ms Takayasu s related experience involves CDBG and HOME file management, reviewing subrecipient performance reports and source documentation for both beneficiary and financial accuracy, complete administration of a mobile home rehabilitation program, and assistance with CDBG and HOME monitoring visits and report preparation Below is a list of references regarding our ability to provide the services outlined in this proposal ;9-6r ef6ncesbr orr�itie'Meiiiiez� diri City of Huntington Park Contact information Manuel Acosta, Housing & Community Development Manager, (323) 584-6213 Description of Services Provided As a subcontractor to Karen Warner Associates Ms Mendez is responsible for the management and implementation of CDBG and HOME programs including entire scope of services listed in this proposal City of Westminster Contact information Tami Piscotty, Housing Coordinator, (714) 548-3495 Description of Services Provided Management and implementation of CDBG and HOME programs, including entire scope of services listed in this proposal City of Burbank Contact information Manbel Leyland, Deputy Assistant CD Director of Housing and Redevelopment, (818) 238-5180 Description of Services to be Provided In July 2012, Lorraine Mendez & Associates was contracted to develop a CDBG Procedures Manual Karen Warner Associates Contact Informarion Karen Warner, Housing Policy Consultant, (626) 791-5596 Description of Services Provided Under direction of Ms Warner, Ms Mendez acted as a subcontractor and has assisted with the development of several Consolidated Plans, Annual Action Plans, CAPER's, and Housing Elements for the cities of Huntington Beach, San Fernando, Huntington Park, and Westminster City of Huntington Beach Proposal 13 0 0 J3eferences°f6rbuaneSofomon J City of Huntington Park Contacr information Manuel Acosta, Housing & Community Development Manager, (323) 584-6213 Description of Services Provided As a subcontractor to Karen Warner Associates, Mr Solomon is responsible for the management and implementation of CDBG and HOME programs including entire scope of services listed in this proposal City of Westminster Contact information Tami Piscotty, Housing Coordinator, (714) 548-3495 Description of Services Provided As a subcontractor to Lorraine Mendez & Associates, Mr Solomon is responsible for the management and implementation of CDBG and HOME programs, including entire scope of services listed in this proposal City of Garden Grove Contact information Susan Emery, Community Development Director, (714) 741-5125 Contact information 2 Allison Mills, Sr Protect Manager, (714) 741-5125 Description of Services Provided Mr Solomon provides HUD grants management and housing project management services for projects funded with Federal and Redevelopment Set -Aside funds -Referen6esJor.A667�fcay�sii City of Westminster Contact information Tami Piscotty, Housing Coordinator, (714) 548-3495 Description of Services Provided Under direction of Lorraine Mendez & Associates, Ms Takayasu assists with file management, preparation of activity eligibility and environmental reviews, and source documentation gathering from the city CDBG public service subrecicents F-EE -PROPOSAL Lorraine Mendez & Associates, LLC will provide the following staff positions for implementation of this project Principal $80/hour Project Lead $80/hour Housing Associate $40/hour Staff will serve as independent contractors to Lorraine Mendez & Associates, not Lorraine Mendez & Associates' employees Contractors and Lorraine Mendez agree to the following rights consistent with an independent contractor relationship ✓ Contractors have the right to perform services for others during the term of the Agreement ✓ Contractors have the right to control and direct the means, manner and method by which the services required by the Agreement will be performed ✓ Lorraine Mendez & Associates shall not require Contractor to devote full time to performing the services required by the Agreement ✓ Contractor is not eligible to participate in any employee pension, health, vacation pay, sick pay or other fringe benefit plan of Lorraine Mendez & Associates ✓ Contractors shall pay all income taxes and FICA (Social Security and Medicare taxes) incurred while performing under the Agreemeni ✓ Contractors will maintain independent insurance as required by the City City of Huntington Beach Proposal 14 Reimbursable Expenses 0 The Consultant will not bill for overhead The following expenses directly attnbutable to work performed under this agreement shall be reimbursed at cost ✓ Printing and reproduction costs associated with document reproduction ✓ Mileage expenses at IRS rate, currently $ 55 per mile, rate to be updated as necessary ✓ Other expenses related to document preparation Protect Budget The Consultant proposes to provide the services set forth under the Background and Project Summary Section of this proposal for a not -to -exceed fee of $197,000, plus reimbursable expenses Pursuant to the City's request, additional services are available and can be provided at an hourly rate, by an amendment to the original contract to add such services, or under a separate contact for such services Additional services include development of a Consolidated Plan (not included in proposed scope of work in this proposal as current Consolidated Plan is still current), rehabilitation program project management, or any other services related to the City's HUD program Pro ect Lead '-~lactate`'- x rnices o e_ a ern►e�_ r ; $801hr" 3 VON = � � 461bi,x - a r" Pasedon4 NCoi�thsii�ieek' n K # ofihours _ #sof flours '„ <' '3 ;of ioiirs F} G OTAIL -_x= 1 HUD Administration HOME Acq/Rehab Pro)ect 2 Mana ement 875 875 1,000 3 HUD/Single Audit Correspondence $180 000 (17 5 hrslwk) (17 5 hrslwk) (20 hrslwk) 4 CDBG/HOME Monitoring Develop and Maintain HUD 5 Policies and Procedures Manuals 6 2013-14 Annual Action Plan, Con Plan Amendments (fixed fee) $10,000 7 2012-13 CAPER (fixed fee) $7 000 TOTAL $197,000 City of Huntington Beach Proposal 15 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule Principal $80 00 per hour Project Lead $80 00 per hour Housing Associate- $40 00 per hour B Travel. Charges for time during travel are not reimbursable C. Billing 1 All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it 2. Each month's bill should include a total to date That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due Such invoice shall. A) Reference this Agreement, B) Describe the services performed, C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 1 Exhibit B • • Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B Solicitations were sent to the following firms Veronica Tam & Associates 107 S Fair Oaks Avenue, Suite 212 Pasadena, CA 91105 Attention Veronica Tam (626) 304-0440 Lorraine Mendez & Associates 2100 Cold Stream Court Oxnard, CA 93036 Attention Lorraine Mendez (805) 665-7310 MDG Associates, Inc 10722 Arrow Route, Suite 822 Rancho Cucamonga, CA 91730 Attention Rudy Munoz (909) 470-9696 x 103