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C-9708-1 - MOU and Payment Agreement (for Regional Assessment of Fair Housing Plan)
INSURANCE NOT REQUIRED G WORK MAY PROCEED CITY CLERK DATE: AUG 0 9 M4 L Da\v (,A F10rPs)"o' MEMORANDUM OF UNDERSTANDING AND PAYMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE CITY OF SANTA A-2024-096-05 ANA THIS MEMORANDUM OF UNDERSTANDING AND PAYMENT AGREEMENT ("Agreement") is made on this 1 day of August, 2024, ("Effective Date") by and between The City of Newport Beach ("Payor") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City and Payor desire to jointly engage MDG Associates, Inc. ("Consultant") to provide a Regional Assessment of Fair Housing Plan in accordance with current U.S. Department of Housing and Urban Development (HUD) guidelines, for the years of 2025 to 2029 ("Project"). A copy of the August 1, 2024, Agreement with Consultant describing the "Scope of Work" to be performed for the City and Payor is attached as Exhibit A to this Agreement, and incorporated herein by reference, once fully executed. B. Besides City, the Project shall serve to benefit the following California cities and county, each of whom shall reimburse City for City's direct payment to Consultant, according to the terms contained herein: Aliso Viejo, Anaheim, Buena Park, Costa Mesa, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Laguna Niguel, La Habra, Lake Forest, Mission Viejo, Newport Beach, Orange, Rancho Santa Margarita, San Clemente, Santa Ana, Tustin, Westminster, and County of Orange (jurisdictions include: Brea, Cypress, Dana Point, Laguna Beach, Laguna Hills, Laguna Woods, La Palma, Los Alamitos, Placentia, San Juan Capistrano, Seal Beach, Stanton, Villa Park, Yorba Linda, and all unincorporated areas of the County). C. City shall make direct payments to Consultant upon the Payor's behalf, based upon Payor's respective State of California Department of Finance 2024 Population Estimate, as more specifically described in Exhibit B to this Agreement, and incorporated herein by reference. NOW, THEREFORE, in consideration of the foregoing and the promises contained herein, the City and Payor mutually agree as follows: 1. TERM 1.1 The term of this Agreement shall commence on the Effective Date and shall terminate on July 30, 2025 unless terminated earlier or extended by written amendment to this Agreement. 1.2 The Project shall take place from August 1, 2024 to July 30, 2025 ("Project Period"), unless extended or reduced by City. Page 1 of 4 I COMPENSATION TO CITY 2.1 Payor hereby agrees to their 20.24 population estimate and respective payment to City of a percentage of the total cost of Consultant's Services based thereon, as indicated on `Exhibit B and incorporated. herein by reference. 2.2 Payor shall make, a single payment of Four thousand three hundred sixty-four dollars and seven cerits ($4,364.07) to City by no later than September 20, 2024. 2.3 The City will make payments directly to the Consultant upon successful completion of the "Scope of Work" as described in Exhibit A and based upon the following schedufe:. 1. $20,050 will be paid upon. completion of Milestone 1: Completion of Data Collection Phase. 2. $33,020.00 will be paid upon completion of Milestone 2: Completion of Data Assessment & Regulatory Review, $. $26,028 will be paid upon completion of Milestone 3: Completion of Outreach and Input Process. 4. $24,008 will be paid Upon completion of Milestone 4: Completion of Community ForurnslF ublic Meetings,. 5. $35;242 will be paid upon completion of Milestone 5: Submittal of Draft AFH &.5- Year Housing Plan. 6. $20,,934 will be paid upon completion of Milestone 6: Submittal of 1=inal APH & 6- Year Fair Housing Plan, 3. CONTRACT ADMINISTRATION Unless otherwise designated in writing,. City's Housing Programs Coordinator; David Flores, shall serve as .the City'''s Project Administrstorfot the payments made under this Agreement: Ail activities performed under this Agreement shall be coordinated with- this person or his/her designee, 4. STANDARD PROVISIONS 4.1 Recitals, City and Payor acknowledge that the above Recitals are true and correct and. are Hereby incorporated by reference into this Agreement. 4.2 Compllance with all Laws. Payor shall; at Its own cost. and expenses comply with all statutes, ordinances, regulations and requirements of all.governmental ehtities,. including federal, state, county or Municipal, whether now in force or hereinafter enacted. 4.3 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. 4.4 Interpretat'ion. The terms of this Agreement shall be construed In accordance with the meaning of the language used and shall not be construed for or against either party by reason Page 2 of 4 of the authorship of the Agreement or any other rule of construction which might otherwise apply, 4.5 Amendments. This agreement may be modified or amended only by a written document executed by both Payor and City and approved as to form by the City Attorney. 4.6 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. 4.7 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, State of California. 4.8 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 4.9 Counterparts, This Agreement may executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument, [signatures -on following page] Rage 3 of 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. all Ci ler APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Ctt By: c—W Andrea Garcia -Miller Assistant City Attorney PAYOR: U k Name: S6 i Title: ,�sSr sew �r Ccry �t�•a•t v 2 APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:�-t- BY: Aaron Harp, City toffiby 7Ia9 Pa`,-DL. CITY OF SANTA AN Alvaro Nunez j City Manager RECOMMENDED FOR APPROVAL: Michael L. Garcia Executive Director Community Development Agency Attest: Leilani 1. Brow , MMC, City Clerk Date: Page 4 of 4 EXHIBIT A AGREE' ME NT FOR 20.2&2029 REGIONAL ASSESSMENT OF FAIR IROUSING PLAN BETWEEN MD ASSOCIATES, INC. AND CITY OF SANTA. ANA THIS AGREEMENT is made, and entered into on this 1st day of Au ust, 2024 by and between MDG Associates, Inc,, ("Consultant"?, and the City of Santa Ana, a charter city and municipal corporation organized and- existing under the Constitution and laws of the State of California RECITALS A. On March. 11, 202-4, the City Issued Request for Proposal No., 24436A CRFF"), by which it soug'ht qualified consultants to provide, special skill and knowledge in, the field of conducting a thorough exambmtion- of the Regional Assessineut -of Fair Housing Plan in accordance with current U.S. 'Department of Housing and Urban Development (I -IUD) -guidelines,, for the, years- 20.15 to 2019. 'The RE? shall be incorporated. by reference as though attached hereto in full. Consultant submitted a timely .and. responsive proposal, that was selected by the C11y.. Consultant repiesents that Consultant, is able mid willing to .provide such services to - City as d."dib4d -k thp;soppo ofwork that was -Included inthe RFP. C. In -undertaking the peifoimance. of this Agreement, Consultant represents that it is —knowledgeabl&A 4--field—and-1hat—any ln4t - . , . services=peifarm®d .lij�.Gartsulta�nt=uridei: this - Agreement will be performed in compliance with such. standgds as may reasonably be expected from a.profe"ional .consulting firm in the field. NOW THEREFORE., in consideration of the mutual -and respective promises, and subject to the terms and conditions hereinafter'set forth, the. parties agree,, as follows: 1. SCOPE OF SERVICES Cansultwit shall ppTfbinn during the term of this Agreement,. the tasks and 9bligations including all labor, materials, tools, equipment,. and incidental customary work required to fully and adequately complete the .services desorlbed. and set forth in Scope ofServices - :Exhibit A, attached hereto and incorpoxated by raference, Consultant shall comply with 41 federal requirements detailed in the City's RFP also attached hereto as Federal Requirements - Exhibit B. 2. COMPENSATION a. City agrees to Consultant agrees es to accept U0 as. total payment for its services for City, the rates and charges identified in Coutpepsation - Exhibit, C. The total amount to be expended during the term of this Agreement shall not exceed .S1 59,892. b. Payment by City shall be made within. forty-five (45) days following receipt of proper Page 1 of 15 #406137vl javoice evidencing work perfmined, subject to City accoiwfing, procedures... City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing Mise (ACH) transfers, Consultant agrees to execute the Chys standard ACH Vendor Payment Authorization and. provide required docimentation. Up -on verification of the data provided, the City will be authorized to deposit payments directly into Constdtant's aocount(s) with. financial institutions. Payment need not be madalor workwhich falls to meet the stantlards of performance .get forth in the Recitals which may reasonably be expected by City, K TERM Tliis Agreement shall commence on the date first Written above and terminate on July 30, 2025-, unless terminated. -earlier in accordance with Section 15, below. C INDEPENDENT CONTRACTOR Consultant shatt, di&ing the, entire, term of -this Agreement, be construed to be; an independent or e padent Contract and notan of th City. This A ti 0, intendednors 11 -gre.emen -is n t . . .. _. 44 it be construed to create .au employer -employee relationship, a joint venture relationship, or to aftow the City to exercise discr4on or control ovok the professional manner in wlii611 Consultant performs the services ivhich are th-e subj ect matter of tbis.Agreementhowever, the services -to be provided by Consultant shall be provided. in a manner consistent With:all 4pplicabia.'standards and regulations governing such services. Consultant sball. pay all salaries and wages, employer's aociat. -scoi.-aity-taxesi-utieinployiaerit--insuTa.noe -and-!iimilar-tax-es--relating-to--emplaym and -shall --be respomible for all applicable withholding taxes. S.. OWNERSMP OF MATERIALS This Agreement creates a non-exclusive and pe;petual license for City to copy, use, sublicense any and all copyrights, d i ;and other intellectual prqperty- modify, reuse, or su e-Signs plans� gpeoifications, studies, drawings, estimates, and other documents orlwo.&A (yr _ authorship fixed, in any tangible: medium of qxpressiqn indluding. but Aot limited to,physical drawings or datamagnetically or otherwise recorded on computer diskettes, which are prepared or caused to he prepared by Consultant under this Agreement.("Docum ents & 1) a.1 shall -require all subcontraotcTs to agree, in writing that City is granted a non-exclusive and perpetual license for any DoomAents 4 Data the subcontractor prepares under this Agreement. Consultant represents and watran that Consultant has the legal right to license any :and all. ts Dorminents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which, were provided to Comultant by thQ City. City shall not be limited in any way in its use of the Doctiments and Data at any time, provided that any such use not. within the p-urposes -hitended. by this Agreement shall be at CiW s sole -risk. G. INSURANCE 0-onsulmntshall Vrocuit and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which luay arise from or in connection with Page. 2 of 15 #40613M the performance of the work hereunder and the results of that work by the Consultant; his agents, representatives, employees or subcontractors. MINIMUM SCOPE OT INSURANCE Consultant shall maintainlimits ofinsurance coverage in the following minimum amounts and shall be at least as broad as - I. Commercial General Liability (CGQ: Insurance Services Office. Farm CO 00 021 covering. CGS. on an "000utrenee" basis; including. products and completed operations, property damage, bodily injury and personal & advertising injury with lunits no lessthan $1,000,000 per occurretice and $2,0.00,0:00 aggregate. Z Automobile Liability: Insurance' Services Office Form NtnAer CA 00 01 covering any auto (Code 1) with combined single limits of $1,000;0,00. 3. Workers' Compensation: as required liy'the State of.California, with Staiutory Limits, and Employer's Liability Insurance With limit ofna less than:$1,000,000 per acciderxt, per employee, Per policy for bodily'injury or disease. If the Consultant :maintains broader coverage and/or higher limits than: the minimums. shown alcove, the City, requima and shall be entitled to the broader coverage and/or -higher: limits maintained by the Constant: Any available insurance proceeds in excess of the specified minimum limits of ixsurance and coverage.shall be available to the City, - -- Other Insurance Provisions.-- The insurance policies. ase to contam Qr be endorsed to contain, the following prWsiaras: 1; CGL and :AL policies: City of Santa Ana, its City Council, its officers, officials., employees, agents, anti volunteers. are to he covored as additional in=-od.s vi.th respect to liabilityar sin out-ofwork or operations perfarmed by or oribehalfofthe Consultant including materials, parts, equipment, and personnel. fivnished in connection with such work. or operations.. I All required. insurance policies: Insurance company(zes). agrees to:waiv.el all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and v rlunteers:.for lasses paid under the terms of any policy which ache from work performed. by Consultant for City. 3. All :fequired insurance policies: For any claims related to this contract, Pern ittee's insurance coverage shall he primary and any insurance,txlaiintainecl by City., its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. All required insurance policies: AA severability of interest provision tuust apply for au the additional insureds, onsurmg that Consultant's insurance shall apply separately to each insured against whom a claim is tirade or suitis brmight, except with respdot to the insurer's limits of liability, 5. Each m' surance policy required herein shall: provide that coverage shall riot be canceled, suspended; vo d tl; reduced'hi coverage or in.limits. noti=ceneWecl by theBarrier, or materially changed except after thirty (.0) days prior written notice has been given to City, . Ten (10)&ys prior written shall be provided to City for policy cancellation or:nanreneWal Page 3 of 15 #40G137v1 due to non-payment. 6, Certificate Folder on each Evidence of Insurance certificate shall be. City of Santa Ana, m .Civic Center Plaza, Santa Alfa, CA. 92701. The name and location. of event should be included in the Description of Operations section, of each certi` fate. Seaf-I"nsuretd Retentions Self --insured retentions must be declared to and. approyed by the City, The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense egdnses.within the retention. Aecepliabillty of'Insttrers. lusufance is to be placed with insurers authorized to conduct business in the state with. a current AM, Best's rating of no less than A:Vlt, unless otherwise acceptable to the City. Ycs?•ificadan of Coverage Consultant shall furnish the City with. original .certificates of insurance including all. required amendatory endorsements (or copies:.O-f'the applio;ablo polioylaii tage effecting.eoveragerequired by this clause) and a. copy of the Declarations and Endorsement page of the COLpolicylisting all policy :endorsements to the City:beforework begins,.. However, failure to obtain the required doc4ments. prior to the work b egiuuring shall not waive the. Consultmt''s obligation to provide. there. The City reserves the °right to require complete, certified copies s of all required -insurance policies,: i oluding endorsements required by these. specifications,. at anytime.. —Maims-MadePolicies - - --- If any of'the required policies provide claitns-made coverage: 1. The Rehtoactive Date must be shown,_: and insist be before the date of the contract or the beginriing of contract work. .2. ,Insurancce_must be Mami talriad and evidence of1xisurance must be provided for at bast three (3) years qfter com lotion. of the contract of work. 3. If:eovverage is canceled, or notr-renewed, and not replaced with 4nother clahns-made policy form with ra Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a tnin nivai of three (3) years after completion of work. Subcontractors Consul.tatit shall require and v'etiff that all sub -contractors rnatotain insuranco meeting all the requirements stated herein; and Consultant shall ensurre, that City is an additional insured on, insurance required from sub -contractors. Special Risks or .Qrctnlestances City reserves the right to modify these requirements, including Jfmit,% Based on the mature of the risk, pe ar experieriee,. insurer,. coverage, ar other special circumslarices. Page 4of15 #406137vl 7. INUMNIFICATION Consultant agrees to defend, and shall indemnify kind hold harmless the: City, ts officers, agents, employees, contractors, special counsel, and representatives from liability. (1) for personal hijut)% damages., just compensation, restitution, judicial or equiltablarelief arising. out of claims for ponaorial injury, including death, and clan"ns for property damage, which may arise fift the negligent opetadons of the Consultant, its subcontractors, agents, ornployeds, or other- persons acting Dn its behalf which relates to the services described in section I of this A conietit; and. (2) from any claim that:pqrsoiftal hijur, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold.h4failess agreement applies to all claims for damagesjust compensation, restitution, judibial or equitable relief zuffiered or alleged to have been suffered, by reason of the vents reforred to in .. . . . .1, this Section or by reason of the terms of,. or efforts, arising from this Agreement. The Consultant Awther agrees to indemnify, hold harmless, and pay all costs for the. defenseof the City, inclu. hig fees: and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, Just compensation, restitution, judicial or equitable relief due to pemnal or property rights arises -by reason of the terms of, or effects arising from this. Agreement. City- My . make all -reasonable do 'ciWonswift.rospubt to its representation in any legal proceeding; Notwith6tabditig.the foregoing, to tyre extent COU841tatlilssorvice& are. suMectto Civil Cade .soctip - n 27-821,.8, fho above indemnity shall be limited, to the extent required. by Civil. Code Section 2782A, to claims that arise out zrf, pertaInto, or relaW to the, neigligerice, recldessneks' or willful misconduct of the Consultant, Consultant shall defend and indemnify-tha City,, its. officers; agents, representatives, and employees Against any :and all liability, including CDStS, for infringement of any United States? letters patent, traders ark; orc - - " infrio -oppight. gemont, includizig costs,. contained i the work -oroduut or documents. provided by Consultant to the City pursuant to this Agreement. 9.. RECORDS Consultant shall keep records and 'invoices in c ord . onnection with the work to be perforrhod under this Agreement. Consultant shall maintain complete and accurate records, with respect to the costs incurred under this Agreement and. any services, experiditures,- and disbursements charged to the City for i a Urn' rnmum. period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Aprooment, All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or coplet of such records and any offibe 40(mme0a created pursuant to this Agreement during regular business hours. Consultant shall allow inspection .of all Woz k,. data, documents, proceeding-s, and activities related to thisAgtciement for a period of three, (1) years Nm the date of final p4yment to Consultant under this Agreement. Page, 5 of 15 #406117vj 10. CONFIMNTIALITY If Consultant receives from the City information which due to the .-nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreernont; and further agrees to exercise the same degree of rare it uses to protect its own information, of like importance, butIn no event less than reasonable care, "Confidential InforntatlOW' shall include all nonpublic information, Confidential information _includes not only written information, but also information tivisfurred orally, visually, electronically, or 'by other means. Confidential idormation disclosed to either party by any -subsidiary and/or agent of`t`he:other party is covered by this Agreement. The foregoing obligations of non=usa and nondisclosure shall not apply to any information tliat(�a) has been disclosed in publicly available sources; (b:) is, througls no faulty of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of. confidentiality; (d) is required 'to be disciosed by operation oflaw, & (e) is independently developed by the Consultant without reference to. 46iTmation disclosed by the City. 1.1. CONFLICT Or' INTEREST —CLAUSE Consultant covenants that it presentlybas :rio -interests -and Rhftu not have interests,.. direct or indirect, which would conflict in any manner with -performance of services specified: under this :A:gi'eeiaent: 12 -NON-DISICRIMfNATIQN-_ _ --- Consultant shall not discruniaate beoauso of race, color, geed, religion, sexonat ial status, sexual orientation, gender identity, :gender expression; gender, medical conditions, genetic information, or military and veteran status, ago, national origin, _Ancestry; or disability, as. defined and prohibited by applicable law, in the recruitment, selection, teaching, 'txainit)& utilizetton, promotion, termiiiatiori:or other :employment related activities or ady services. provided finder this Agreamerit, Consultant affirms. that it is an equal oppoi=turiity employer and shall comply with all applicable federal, state and local laws -and regulations. 13. EXCLUSIVITY AND AMENDMENT This .Agreement represents the complete and exclusive statement between the City and Consultant# and supersedes any and .aft otheragreements., oral or written, between the. parties.. In the.eventof a contli:ct between the terms of this Agreement and any attachments hereto, the terns of this A:greeinent shalt prevail,. This Agreement may not be modified except by wr tten insttuiruent signed by the City sand by an authorized representative of Consultant. The pa ties agree that any terms or conditions of any purchase order QP other instrurftent_ that are inconsistent with, or in addition to, the teitus and conditions; hereof, shalt not bind or obtigate .Cuu§t .Itant or the City, Each patty to this Agreement acknowledges that no representations, inducements, promises or agreeirnents, orally oil otherwise, have been made by any party, or anyone acting on behalf of any party, which is.not embodied herein. Page .6 of IS #406I37vl 14. A8S I GNAW NT inasmuch as this Agreement is intended to secure the, specialized services of Consultant, Consultant. way not. assign., transfer, delegate, or subcontract any interest herein without the prior written consent of the City and -any such assignment, transfer, delegation or subcontract without the Citys.prior.wdueh consent shall be considered null and void, Nothing. this a in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to thin Agreement,performed by City personnel or by other Consultants retained by City. 1.5, TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In. -such event, Consultant shall be entitled to- receive and the City shall pay Consultant compensation f or all servioes perfbimed by Consultant prior to receipt of such notice of termination, subject to the -following conditions-. a. As a condition of such payment., the.ExecutiveDirector may require Consultant to deliver to the city all work product(s) completed as of such date, and in such case such. work product shall be the, property of the City unless prohibited by, law, and Consultant oomnts to the Mys use thereof -for such purposes as the: City deems appropriate. b. Payment need not be made for work- which fails to meet the standard of performance er ormance specified in the Recitals of this Agreement. 16. 'WAIVER No waiver- of breach, failure of. any condition,. or any right or remedy contained in. or granted: by the provisions of. this Agreement shall be effective unlesa itis M'writing and signed by the. * party waigiq t b0i br.Wh.,..hI1urc,'dght or rcmcdy: No waiver of: anybreach, Failure or tight, -or remedy shalt be,- deemeda waiver of an e & or remedy: whether or not y othot hreach,,W r , ri similar-, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JUMSDIMON -VENVE This Agreoitient has been executed and delivered in the State of California and the validity, interpretation, performance,, and enforcement of any of the clauses of this Agreement shall be d6t6dnitiod acid, govet-tied by the taws of the state of California. Both parties ftirther.agred that Orange County, 61ifbniia, shall be the venue for anyao. i.o.n orproceeding that may bQbro-ugbt-or arise out of, in connect -ion with or by reason of this Agreement. I& PROFESSIONAL LIMNOS Consultant 8hall,throughout the term of this Agreement.,inaintdin all necessary licenses, permits, approvals, waivers, and exemptiQnsnecessary for the provision of the services hereunder and required by the: laws and regulations of the, United. States, the State of California, the City of Saata.Ana and all other governmental agencies, Consultant shall.notify the City in=ediately and Page 7 of 15 #4.06137vl in writing of its inability to obtain or maintain such permits, licenses,. approvals, waivers, and exemptions; Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other: cormnunication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, & sent by fax or other telegraphic communication in the manner provided in this Section,to, the following persons: To Cityc City Clerk City of Santa Ana 20 Civic. Center lgaza (M-$0) i 10. Box 1988 Santa Ana,. CA.92702-1988 Fax: 714- t 47-b956 With courtesy copica to: Executive Dircator, Community Development Agency --._... -City of Santa-Ana.- 2Q Civic Center Plaza (1Y1-25) PA :Box 19$9 Santa _Ana, California 92702 Fax:114.647-G95.6 To Consultant: -Rudy Mufioz President MDC Assq ates.,.Inc, 10722 Arrow Route, Suite 822 Randlid Cucamonga, CA 91 -30 A party may change its address by giving notice in writing to the other patty. Whereafter, any communication shall be addressed and transmitted to the new address, If sent by mail, communication shall be effectivri or deemed to have beers given three (3) days after it has been .deposited in the Ubited States mail, duly registered or certified, with postage prepaid, and addressed as set forth alcove. If .sent by fax, cgmtnutireatien. shall be affective or deo.med to Have been given twenty-four (24) Hours after the time set forth on the transmission report issued by the transmitting facsimile maehiti6, addressed as set .forth'ztba-ve. For purposes of calculating these time frames, weekends, federal, state, County or City holicl.ays shall. be excluded, Page 8 of 15 4406137vl. 20. MISCELLANEOUS PROVISIONS a, Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of -the terms of this Agreement, and. shall indemnify City fullyf including reasonable costs and attorney's fees, for any 4urits or daimages to City Inthe event that such authority of power: is not, in fact held by the signatory of is withdrawn. b. All *Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first. above written, ATTEST: ST:: Jennifer L. Fiat[ city, clerk APPROVED AS TO FORM- CITY OF SANTA ANA Alvaro Nunez Acting City Manager SONIA R. CARVALHO CONSULTANT: e' By&Pd4i& Andrea Garcia -Miller Name: .Assistant City, Attorney Title; RE, COMWNDED FORAPPROVAL: Michael. L Garcia Executive Director Community Development Agency Page 9 of 15 #400.137VI EXHIBITA SCOPE OF SERVICES 0 CITY OF SANTA ANA EXHIBIT 1 _ -GAPE F Consultant shall perform services as set forth below. A. Assessment of Fair Housing t... Provide a concise overview of the current HUD requirements and guidelines to ensure full compliance With relevant regulations.. 2. Conduct a thorough examination of the Regional Assessment of Fair Housing Plan for 2025 - 2029 as well as any Analysis of Impediments to Fair Housing Choice prepared for jurisdictions Within Orange County in the last five years. 1. Perform a comprehensive review of actions taken by participating jurlsdictions to address'identifled impediments. Collaborate with each fair hous4itg service organization operating within Orange County to gain a deep understanding of Current falrbousing Issues. 4. Collect relevant data and Information to prepare the Regional AN In accordance- with current HUD regulations and.the:l=air Housing Planning Guide. ii.. Engage with each partictp tirr urisdictton_, housing_authprity_within Orapgp County,. bn relevant regional .agerieles ortask farces to father and analyze pertinent information for the Regional AFH, ensuring alignment with current HUD regulations and the Fair Housing Planning Cuide. '6, Conduct cominunKy angagenlent activities: to hear directly about fair housing issues affecting residents of Orange County, reaching out to i. Tenants, 0. Landlords, Ili. Homeowners, iv: Fair.housing organizations, v. Civil rights -and advocacy organizations, vL Legal services providers, vil. social services providers, vili. Housing developers, and Ix. Industry groups 7. .Facilitate outreach to fair housing stakeholders and the general :public, providing opportunitie-s for involvement in the Regional AFH:develoofnent process. ',� � CiTY OF SANTA AMA 4� i, Implement a consultation and input process inclusive of: a) Diverse groups, b) Fair housing organizations, c) Community -based organizations, d) Housing providers, e) Realtors, f) Lenders, g) Planning officials, and h) Other relevant stakeholders a. Utilize contact lists maintained by participating jurisdictions for outreach. 9. Organize community forums/meetings as necessary to complete the Regional AFH, with a minimum of four proposed forums/public meetings held in various geographical areas within the county, with at least two of the meetings offering a hybrid option for Virtual participation. Responsibilities lnelude: 1. Participant invitations, 11, Agenda preparation, ill, Provision of handouts and presentation materials, and iv. Ensuring availability of interpretation services. v. Maintain transcripts and minutes of forums/meetings, including citizen comments/Input. Conduct at least: vi. Two evening community meetings of the four meetings total.. vii, A focus group with a wide array of nonprofit organizations and government officials. viii. Additional outreach for members of protected classes, including but not limited to the Latino, Vietnamese, Korean and Persian communities. All.community meetings wili have translation services available if requested in: ix, Spanish, X. Vietnamese, (a CITY OF SANTA ANA► xi. Korean, xil. Mandarin and At. Arabic In addition, all meetings will be held in locations accessible to people with mobility Issues. 10. Ensure all materials, outreach. efforts, and meetings are accessible in languages relevant to the county, including but not limited to;. i, Spanish, Ii. Vietnamese, II, Korean, iv. Mandarin, and v.. Arabic 11. Include.ond, if nefcessary, develop tabular data or maps in accordance with current HUD regUlations, Fair Housing planning Guide and State Law, Title 7, indicating concentrations of; I'- Minority residents, li. Residents, living in poverty, ill. Availability of public transportation, iv. Lending rates (HMDA.data.),. v: Section 8 rental assistance, vi. Public housing, vil. Group homes, and will. Other. information 12. Information and analysis of the effects of:. €. Building,. occupancy and health, and safety codes on housing and the use of accessibility standards and reasonable accommodation In local construction. ii. Applicable zoning and land use laws and policies that may place restrictions on housing or housing choice and the application of reasonable accommodation with respect to disabled populations. Ili. Policies and practices concerning the application of local neighborhood or site standards on new construction, especially for assisted housing development. 0 CITY OF SANT'A ANA iv. Policies and _practices that connect transportation and available social services with housing opportunities. v, Policies and practices that may affect the equal provision of governmental services.. A. Policies concerning activities that may cause displacement, which may affect opportunities to select housing Inside and outside areas of minority concentration, or housing that ist accessible. A. Policies and practices that may affect the representation of minorities and persons with a disability on planning andfor zoning, boards and commissions, vill, Policcies and practices of public housing authorities and other housing assistance providers with respect to tenant selection and assignment, reasonable accommodation, delivery of services, maintenance and accessibility. Ix. Policies and practices regarding the tale'and rental of real estate, such as steering or "blockbusting," ".all adult"-15sues, deed restrictions, Inaccessible design, local. occupancy standards and practices, local lending practices,. real estate appraisal practices, insurance underwrltirig practices, and segregated housing. conditions, 13. Address any additional components necessary for the Regional AFH to align with current HUD regulations or tho Fair Housing Planning Guide that are not explicitly .mentioned in this RFP.. B. 6-Year Fair Housing Action Plan The following tasks shall be included: 1. Preparation of strategies.and action steps to address and eliminate identified impediments. to fair housing choice both for individual jurisdictions and an a regional level.: 2. Prepare a Joint equity Plan following robust. community -engagement that contains an analysts of fair housing issues confronting the region and Public Housing Authorities (PHAs), goals, and :strategies to remedy.thase issues in concrete ways, and .a description of community engagement. i. The Equity Flan is the fair housing plan that will be prepared to commit cities and PHAs to goals that:' advance s�ulty Inhousing., community development programs, and residents' access to well=resouredd areas,. opportunity, and .comii iunity assets. Ili The Equity Plan should be developed with the input of -the community and consist of an :analysis of fair housing data and. issues, a priorltizatlon of the issues that Would be addressed, and the. establishment of and cormriltment to undertake fair housing goals. Those goals would then be incorporated into subsequent planning documents, such ias the Consolidated Plan, Annual Action Plan, and PHA Plan. M. The Equity Plan should shall include but not be limited to topics in the following areas: a) Demographics-, -f#1dr 4: � CiTY 4F SANTA, ,ANA b) 'Segregation and integration; o) Racially or ethnically concentrated arees of poverty (Wi~CAPs); d) Access to community assets; e) Access to affordable housing opportunities; f) Access to homeownership and economicopportunfty; g) Policies and practices impacting fair housing;: h) Other topics -as May be required by updated HUD requirements or guidance, iv, Information from the participating cities` Housing Elements approved by the .State of California. Department of Housing and Community Development will be used. Arid incorporated as much as poss!.bie into the Equity Plan. 3. First year annual progress evaluation that describes progress toward each ..goal in the equity Plan. 4- Strategies and actions:shall be identified separately for each participating Jurisdiction and include appropriate prioritization after consultation with each Juilsdictlon. Suggested prioritization might be: Priority - complete recommended action. within 1 year; I.I. Medium -High Priority-- complete recommended _action within 2 years.; M. Medium Priority -complete recommended sotfon within 3 years; iv: podium -Low Priority— complete recommended action within 4 years; v. Low Priority — complete action within b years; A. Ongoing 'Priority— Moiiitor activity on a periodic or ongoing basis. 5: Table listing action to be taken annually to address identified impediments. .[These deliverables are based upon HU.D's New Pmposecf'Afflrmatively.Furthering Fair Housing" Rule published on February 0, 2023 if the Final RulOncludes additional regiirements or substantial changes, Consultant shall meet those additional requirements. and changes from HUD, if the Final Rule is not adopted,. the Consultant shall meet HUD's current requirements,] C, Submission of the 5-Year Fair Housing Action Plan 1. Provide. periodic progress updates to the regional group as requested (minimum monthly meeting). 2, Provide a draft .of the Regional AFH report and 5-year plan in progress for review and comment by the participating jurisdictions, prior to submission of the final document, CITY OF SANTA ANA The draft Regional AFH and 5-year Fair Housing Action Plan document will be made available by each participating jurisdiction for a 30-day public review period prior to presentation of the draft document to each participating jurisdiction's City Council. One bound copy of the corpleted draft Regional AFH and 5-year Fair Housing Action Plan document along with an electronic version shall be provided' bythe Consultant to each participating jurisdictlon. 3. At the completion of the project, the Consultant shall provide each participating jurisdiction one bound copy of the final Regional AFH and 5-year Fair Housing Acton Plan document and an electronic version in a fully searchable and bookmarked PDF file (trot exceeding 5MB) that includes all tables, figures, and maps. 4. Complete: all work within 240 days of contract execution, no later than April 1.,.2025. D. Payment for .Services 1. Ea.ph participating jurisdiction will pay a pro -rated share of the total costs directly to the lead agency:adMIh1stermg the contract pursuant to Attachment A no later than June 30,.2025. The pro -rated shar&will be based upon the 2024 census population or 2024 population estimates of the participating jurisdictions, The lead agency will make - payments directly to the Consultant upon successful complotion of the scope of work. E. Copies of Existing Plans 1. Copies of each City's current planning documents, including their 5-year Consolidated Plans, Action Plans, Housing Elements, Zonrng Codes, and the _previous Regional. — - — - Analysis of IMpodimonts to. Fair Housing are available for review upon request. Most, if nat all of these documents for each participating jurisdiction are currar dly available at each City's website. F. HUD Funding 1. The proposed activity will be -partially or corripletely'funded with HUD .funds in accordance with federal laws and regulations which require that all contracts with consultants for activities.utilizing 1-lU D funds adhere to all applicable regiairenients; including but not limited to a drug -free workplace, non-discrimination, equal employment opportunity, training and buslness opportunity and non -segregated facllltles. The selected Consultant shall Certify that they meet all applicable federal requirements. G. HUD Av-dit or Review 1, In the event of a HUD audit or review of the completed Regional-AFH and 5=year Fair Housing Action Plan document, the successful Consultant shall Interface with HUD to justify the accuracy of the finished document, describe the techniques of data collection and ensure that the. Regional AFH document complies with all HUD requirements., regardless of when audit or review is completed. If HUi) requires changes to the completed RegionalAFH.and 5-year. action plan.documerrtto meet federal requirements, the successful consultant shall make the .changes to the Regional AFH. and 5-year Fair Housing Action Plan document by consulting with parlicipating jurisdictions.. EXIUBI'T B FEDERAL REGULATIONS a, Federal Reaulations —Recipient must comply with the government cost principles, uniform adurinlstrative requirements and audit requirements for federal grant progtam-housed within Title :2, Fart 200 of the Code. of Federal Regulations. b. Debarment Ed Siis en ' — As required by executive Orders 12549. slid 12689, and 2 Cla R. §200 212 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or t uspending those persons. deemed irresponsible in their dealings with the Federal government, c...Audit Records - Wi,tli respect.to all matters covered by this agreement all reco..rds shall be made available for audit and 'inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years fioin the date of submission of the final expenditure report by the City of Sa#ita Aria. For E ,period of three years after fatal delivelyhereurider or umil all claims related. to this Agreement are finally settled, whichever is later, :Recipient shall preserve and maintaiii all docurdents, papers -and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period}Recipient shall inaI u said documents, papers and records available: to City and the agency from which City received grant funds or their duly authorized roprewatstivo(s), fhr examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working_ boring; d, Rgpo - Recipient shalt provide to City all 'records=and infoimation requested by city for inolusion in quarterly reports and such other:iirts or records as City may be required to provide to the agency from which City reocived grant hinds or other persons or agencies. e. Section 504 of the Rchabffitation. Act of 1973 fFiandicayagd) AU reciplents of federal. Guilds must comply with Section 504 of the Rehabilitation, Act of 1973 (Tile Act). Therefore, the federal ffiiids recipient purstiia. tto the`requirerrignts of The Act hereby gives assurance tliat do otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the:lieziefits of orbe subject to discrimination, including discrimination. in employtia t, .in any program of activity that receives of b4itefits fiom.tederal !•'ina>2cial assistance: The Recipient agrees it will ensure that requirements of The Act shall beincluded in the agreements with and be binding on all of its contrgotors, subcontractors, assignees or successors, f .Americans with Disabilities Act of 1.990 - (ADA) Recipient must comply with alt requi ellieuts ofthe Americans with Disabilities Act of 1990.(AIDA)., as, applicable. g. Political Activity None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for arty partisan political activity, or'to .futther the election or defeat of any candidate for public office; :or otherwise in: violation of the provisions of the "Hatch Act". h. No Lobbying - Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Antl=Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the fitnd4 provided under this award tilaybe expended by the Reeil iont to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member. of Congress; an officer or employee of Congress, or an eitxployee of a Meniber of Congress irl connection. with any federal action concerning the award or renewal of any federal .contract, grant, loan, or cooperative agreement. i. Non=Discriillination and Equal Opportunity —Recipient will comply, and all its contractors (or subrecipients) will comply, with Title 'VV1 ofthe Civil Rights Act. of 1964, as amended;. Section 504 of :the RohabilitatiUn Act of 1964, as amended;. Subtitle A,'T`itle II of the Aidericans `with Disabilities Act (A.DA) (1990); Title IBC of the Education Amendments of 197-2, the Age Discrimination. Art of 1975, as amended; Drug Abuse Office and Treatment Act of 19'12, as amended; Comprehensive Alcohol Abuse a-adAlcoholismPrevention, Treatment andRoliabilitation Act of 1970, as ammded;. Section 523 and 527 of the Public Health Service Act of 191.2, as amended; Title VW of the Civil Rights Act Of 1968, as amended; :Department of Justice Non-D.Wrimm' ation Replations, 28 CFR Part42, Subparts C, D, E, and Q and Department of Justioe'regutations oil disability discximination, 28 CFR Part 35 and 39. .lathe event a Federal. or State court, Federal or State administrative agency, or the Recipient'makes a finding ofd1wiminatlon bier a clue process hearing on the grounds ofrace, color, religion, .national origin,. sex; of disability against a tecipietit q ;E'unds, Che-Recipient will Forward a copy ofthe findings to CITY which will, mi turn, submit the findings to the Office .of Civil :Rights; Office of Justice Programs,. U.S. Department of Justice. If applicable, recipkeiat mill comply with the equal oppoi lenity .clause iii 1 C:F.R. 60-.14(b) in accordance with Executive Order 11246 as: amended by Executive Order No. It 375. j.. au Binplovrnant C3ppartunity - Recipient will comply, and all. its contractors (or subrecipienis) will comply, with all mquiri Lore is of the ExecutiveOrder11246 of September 24,1965, mtpportunity;" as amended by :Executive Order 11375 of October 13, 1.967, and as supplerriented in Deltaifindent of Labor regiilat ous (41 CFR, Subtitle A Chapter 60.), as .applicable. k,.Public ConttactsCod'e Recipient will comply; sand :all its contractors (or subreWpients) will mpiy, with all requirements of the California_ Public Contract Code Section 10295.3,, as applicable. L .Copeland Anti-Kiekback Act.- Recipient will comply, and all its contractors and subcontractors (or subrecipients) shall comply, with all regW-remcnts of the. Copeland "Anti Kickback" Act (40 U,S,C, 3145) as sappleniebted in Department of L, bar .regulations (29 OR Pait.3), as. applicable. (1) Contractor— Contractors shall comply with 18 U.S.C: § 8*74;.40 U.q.C. §. 3145, and the requirements of 29 C.F.R, Part.`3 as may be applicable, which are incorporated by reference into this contraet. (2) Subcontracts — Cont actor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appr9priate.instrtic0ons require, and also a. clause requiring tlre subcontractors to indW4e theseclauses in any lower tier subcontracts. The prince contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with. all of these contract clauses, (3) Breach— A breach of the contract clauses above may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor as provided in 2.9 C.F.R.. � 5.12, in. Davis -Bacon Act - Recipient -will comply, and all its contractors (or subrecipients) will comply, with all requirements of tli� Davits-Bacori Act (40 U.S.C. 3141-3144 and 1146-314S) as supplemented by DepmItnunt of Labor regulations (29 CFR. Part 5), as -applicable. Contractors are required to pay wages to laborers and medharucs at a rate no less. than the prevailing wages specified in a wage determination made by the Secretary of Labor. Additionally, contractors are required to pay wages not less than once. a week. n. Work Hours and Safety - R:eclpient will comply, and all its contractors (ar subrecipients) will comply, with All requirements of Sections 103 and 107 of.the Contract Work'Houts and Safety Standards Act (40 U.S.C. 3702 aad•31M) as supplomented b.yDepaitment of 'Labor regulations (29 CFR .Part 5-), as applicable. o. Cleaxa A.u:_A.ct - Recipi:ent will comply, acid :all its cotiirsGtor$ (vr subrecipients) will comply, with all applicable- standards; orders or. requirements issued under the Clean Air Act (42.U.,&C;, 7401-7671q)p. and the Federal'Water Pollution Control .Act (53 I ,S.C. 1251-1387), as applicable. ..p. Energy --and Conservation: Rmipi-ent=wilt�cornply; and all -its contractors (or aubrecipienu. 'will eornp1y, with atl requirements of-theEnergyPolicy :and Comet-vatiian Act (42 U.SIC.* 5201.),, as applicable g. Waste 17i4osal - Recipient -will evmply, and :all its contractors (or subree' ients) Will comply, with ill regizii°emerits of Soction, 6002 ofthe Solic)' i4�aste Disposal Act, as amended by the Resource Conservation and Recovery -Act, as applicable. r.. Patent Rights - Recipient agrees that the Department ofFlomeland Security shill Have the authority to seek pafent ixglits for any pi ocess, product, invention ozj disco -very developed and paid for with funding through this Agreement based on the requirements of 37.CFR Part 401 and arty other implementing regulations, as applicable. s. Copyright - Recipient may copyright any boobs, publications or other copyrightable :materials developed in the course of or under this Agreement. However, the federal awardiiig agency.,. State Administrative Agency, (SAA.) and City reserve a royalty -free, non-exclusive, and irrevocable license to reproduce, publish- or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose, (1) the copyright in any work developed through this Agreement; and (2) any rights of copyright to which the, subcontractor purchases ownership with support through this graiit, The federal government's, SAA's and:City'*s rights. identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights. t. 'lTelecommunications (2 CFR.200.216) -. Recipient will comply with FEMA Policy 405-143- 1, Prohibitions on-9xpendingTEMA Award Funds on Covered. Telecommunication Equipment or Services (Interim), which prohibits grant recip.ietats:and subrecipients from obligating or expending Loan or grant funds to procure or obtain, extend or renew a contract to procure°or obtain, or to -enter into a contract (or extend or renew a contract) t4 procure or .©btain .equipment; services, or: ystoms that uses covered telecommunications equipment or services as a substantial or essential component of any system, of as critical technology as. part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is: (1) Telecommunicatims equiptnentproduced.by livawei Techaiologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (2) For the purpose of public safety; security of goverment facilities, physical security surveillance of critical infrastruoture, and other national securitypurposes,_ video surveillance and teleco nmmunloA ions equipment produced. by Hytera Communications Corporation, 44ngzllou I3il vision Digital Teah-nology Company, or Dahua. Technology Company (or -any subgidiaq or offi'liate of;sudh- entities). (3) Telecommunications or video surveillance services p.mvided b such entities or using such — — equitsnent. (4)`Telecommunications :or video surveillance equipment or servicos.produced or provided. by an entity that the Secretary of Defetasej 4n tonsuitation with: the Director of the National InteNgenee or the Director of the Federal. Bureau of.1-gvestigation, reasonably bolieves to be an entity owned. or controlled by; or otherwise connected to, the ,government of a covered foreign country. u. Domestic preferences for procurements,(2 CFR. 200,322) Recipient agrees that as appropriate and to the extent, consistent with, law, it will, to .the greatest extant practicable under a Federal award, provide a preferegce for the purchase; .acquisition, or use of goods, products, or materials produce d in the United States (including but not limited to. iron, aluminum, steel, cement, and either manufactured products). This requirement `must. be included in all subawarda inclucliug all contracts. and purchase orders for -work or.products under this award. For purposes of this provision; "produced h the United. States" means, for iron and steel.products; that all mataufactur[ ag processes, fiom the initial melting stagy through the. application,:ofcoatings, `occurred fit. the United States;;tnd `tmanufactured. products" means items and construction materials composed in whole or in_part of non-ferrous metals sudh as aluminum; plastics andpolymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber.; and lumber.: v. '8qual.Employinent in Construction Contracts - Pursuant to Equal Employment Opportunity requirements of 41 C,F,R. 60-1.:4(b) in accordanee with Executive Order 11246.:as amended by Executive Order No. 1.1375, as to any construction contract -thereunder, if applicable, during the performance ofthis contract, the contractor agrees as follows: (1) The contractor will not disc=*inate against aay employee or applicaat for employment because of race, color, religion, sex, sexual orientation, gender ident4y,ar-national origin. The contractor will take affirmative action to .ensure that applicants are employed, and that employees are treated dLaing epployment without regard to their race, color, religion, sex., sexual orientation, gender identity, or national origin. Such action shall include, but not be 1. itnitod to the fallowing, Employment, upgrading; demotion, or transfer; recmitment or reoruitmont advettising; layoff or tei iniftMion-, rates of pay- orother forms. of compensation; and selection for training, including apprenticeship. The contractor agrees to post -in conspicuous places,. available to employees and applicants for =P.loym.64 notices to '6provided: setting forth thenrovialons of this non disorhnination Clause. (2) The contractorvill,. in. 411 solicitat!ens -or advertisements for erriployees Placed by of, oil behalf of the contractor,, state that all qualified applicants will reeeive-consideration- for eraployment-without regard to race, color religion, selysexual orientation, gender identity,. or national origin, q) Tha contractor will not discharge or in any other manner disorimimate against any employee or applicant for empjpyinent because such employee or applicant has i4quired about,,, —&Isbilased,,o-r:disolosed-the: eomponaation of the employee ox-Applicant or another -employee or applicant. This provision shall. not apply to histanoes. in w an employee w'has access s to the compensation Wformation of other employees or applicants ,as a part of such . employee's essential job functions discloses: the compensation of such other employees or applicants to individuals who do not otherwise have access to such intori-nat . ion, unless such disclosure is in response to a.format complaint or charge, -in furtherance of an investigation, p�to�eedbng, hearing, or action, including aninvestigationconducted by the, eimpjay6t, or Is Wnsistent with. the contractor's legal duty tothinish bafolipation. (4) The con -tractor will send to each l4bor union or representative of workers. *44 which he has a Wilective bargaining.agreement or other contract or understanding., a notice to 'be provided advising the said labor union or• workers' representatives of the contractor's Commitments under this section, and shallpost copies of the -notice in conspicuou.s, p1geesavailable to employees and applicants for employment, (5) The contractor will comply with- all provisloTis of Executive Order 1124.6 of September 24, 196S, and of'the rules, regulations, and relevant orders of the Secretary of Labor. (6) The cantractox will furnish all.information and reports required by Executive Order 1121.46 of September24,19'65, and byiales, regulations, -and orders of the Secretary of Labor, or Pursufint thereto, and Will permit .a . access to his books, records, and accounts by tile administering agency and the Secretary of Labor Bar pur 04 pqses;of-investigati. to ascertain compliance withsuch rules, regulations, and orders. (7)1n the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said riles, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or .in, park and the contractor may be declared ineligible for further Governmentcontracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 1124E of September 24, 1965, and such other sanctions maybe imposed and remedies invoiced •as provided in Executive Order 11246 of Septen ber M, 1965, or by rule, regulation, or order of the Secretaty of Labor, or as otherwise ptovided'lylaw. (8) The contractor will include the. portion .of tho setitenc.eiri mediately preceding paragn►ph (1.) and the provisions ofparagraphs (1) through ($) inevery subootrtract or purchase order unless axempted by rides, regulat .ons, or orders :of the, Secretary of Laborissued.puisimnt to section 204 of Executive Orden 11246 of Septenzb.er 24, .1965, so that such provisions will be binding upon each subcontractor or vendor. `I`h.e contractor will take such action with respect to any subcontract or.purchase, order as the administering agency may direct as a means of enforcilw such grovisions, including sanctions for noncompliance, EXHIBIT C COMPENSATION Fee Proposal including Hourly rates if applicable COST PROPOSAL Based on the proposed scope of work in the RFP, MDG and Cloudburst propose to complete the 2025-2029 Assessment of Fair Housing and the 5-Year Fair Housing Plan for a lump sure price of $159,882. The tasks will be completed and Invoiced as noted in Section 2B — Milestone ! Payment Schedule of this proposal. The total lump sum price isinclusive of all Items noted in Section 1.D — Pro .posed Work Plan of this proposal Table 2.A1 below provides the proposed cost by the specific activity categories and the overall cost as required in the FiFP. As additionally required In the RFP, Table 2.A2 breaks out the. estimated hours by task and by assigned Individual team members. And, finally, Table 2.A3 provided the hour rate schodule for staff that are proposed for the project. Andy Munoz, President = $131.00 I Hr.. G(int Whitad, Setlio,"r ice PreSldent131.00 / Hr. Ghns Andrews, VI:' Grants Management;`. $125.00 / Hr. Pauf DeMatiche, Director $120,00 J Hr, Eniiy Vander Does, Manager $114,50 % Hr. David Munaz, Mar%ager - $i 14.50/ Hr, Jay Dwarfn, Fair Housing SME $174.001 Hr. Wh teny Fin- Yon ;Housing & CD Anaiyst_ -. $152.00 / Hr. Subpart staff $97.50 ( Hr. PAYMENT SCHWULE MDG shall bill the City of Santa Ana monthly based. on the following milestone paymentsohedule: EXHIBIT B Participating Cities 2024 Population Estimates Percent of Total MDG $ 159,882.00 Aliso Viejo Anaheim Buena Park Costa Mesa Fountain Valley Fullerton Garden Grove Huntington Beach Irvine Laguna Niguel La Habra Lake Forest Mission Viejo Newport Beach Orange Rancho Santa Margarita San Clemente Santa Ana Tustin Westminster lance of County of grange Brea Cypress Dana Point Laguna Beach Laguna Hills Laguna Woods La Palma Los Alamitos Placentia San Juan Capistrano Seal Beach Stanton Villa Paris Yorba Linda 501068 340,160 821689 109,423 56,333 140,311 171,024 192,503 314,550 64,291 60,901 86,917 911304 82,419 138,621 46,305 62,297 310,797 78,844 89,490 450)r253 47,725 49,345 32,596 22,449 30,315 17,148 15,071 11.,947 52,226 34,992 24,3.50 40,297 51705 66,087 1.7% $ 2,651.09 11.3%p $ 18,011.41 2.7% $ 4,378.37 3.6°% $ 5,793.93 1.99/0 $ 21982.82 4.6/, $ 7,429..44 5.7% $ 9,055.69 6.4% $ 10,193.00 1.0.4% $ 16,655.37 2.1% $ 3,404.20 2.0°% $ 3,224.70 2.9% $ 4,602.24 3.0% $ 4,834.53 2.7% $ 4,364,07 4.6% $ 7,339.96 1..5% $ 21451.84 2.1 % $ 3,298.62 10.3% $ - 16,456.65 2,6% $ 4,1.74,78 3.0% $ 4,738.48 14.9% $ 23,840.82 1.69/0 $ 2,527,03 1.6% $ 2,612.81 1.1% $ 1,725.95 0.79/, $ 1,188,67 1.0% :$ 1,605.17 0.6% $ 907.98 0.5% $ 798.01 0.4% $ 632.59 1.7% $ 2,765.36 1.2% $ 1,852.82 0.8% $ 1,289.33 1.3% $ 21133..72 0.2% $ 302.08 2.2% $ 3,499.30 Totall 3,019,500 100.0(Yl $ 1.59,882.00 Source: https://dof.ca.gov/fore.casting/demographics/`esti.mates-ei/