HomeMy WebLinkAboutItem 15 - Agreement for On-Call Comprehensive Grant Financial Services Community Development Agency
www.santa-ana.org/ccd
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 19, 2025
TOPIC: Agreement with MDG Associates, Inc. to Provide On-Call Comprehensive
Financial, Grant Monitoring, Administrative and Technical Support Services for the
CDBG, HOME, and ESG Program
AGENDA TITLE
Agreement with MDG Associates, Inc. to Provide On-Call Comprehensive Financial,
Grant Monitoring, Administrative and Technical Support Services for the CDBG, HOME,
and ESG Programs (General & Non-General Funds) (Specification No. 25-076A)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with MDG Associates, Inc. to
provide on-call comprehensive financial, grant monitoring, administrative, and technical
support services for the Community Development Block Grant, HOME Investment
Partnerships Program, and Emergency Solutions Grant Program in an amount not to
exceed $300,000 over a three-year period, beginning August 19, 2025 and expiring
June 30, 2028, with the option for an extension. (Agreement No. A-2025-XXX)
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
The City of Santa Ana is an entitlement jurisdiction and receives annual allocations from
the U.S. Department of Housing and Urban Development (HUD) for federal grant
programs including the Community Development Block Grant (CDBG), HOME
Investment Partnerships Program (HOME), and Emergency Solutions Grant (ESG)
Program. The City’s total Fiscal Year (FY) 2025-26 allocation is $5,726,570:
Community Development Block Grant $ 4,190,178
HOME Investment Partnerships Program $ 1,159,062
Emergency Solutions Grant $ 377,330
TOTAL $ 5,726,570
Generally, these federal funds must be used to benefit low and moderate income
persons, aid in the prevention or elimination of slums or blight, meet an urgent need,
and assist with our nation's public workforce system to help residents including youth
and those with significant barriers to employment enter into high-quality jobs and
careers. The City uses these HUD funds for a variety of projects and activities, including
affordable housing development, residential rehabilitation, mortgage assistance, public
and homeless services, and capital improvement projects.
Agreement with MDG Associates, Inc.
August 19, 2025
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In order to meet regulatory requirements for administering the federal programs, the
City needs to ensure that qualified program administrators with the skills and knowledge
in the field of comprehensive financial, grant monitoring, administrative, and technical
support services are available to ensure prompt and competent services to the public.
The purpose of grant monitoring is to ensure that the City’s CDBG, HOME, and ESG
funds are only being used for authorized and eligible purposes, in compliance with
federal statutes, regulations, and the terms and conditions of the sub-awards. The
purpose of financial and technical support services is to ensure compliance with the
Uniform Administrative Requirements, cost principles, and audit requirements for
federal awards at 2 CFR 200 and various other grant-specific services. The purpose of
administrative services is to administer one or more of these federal grant programs, in
order to ensure the City does not fall out of compliance and eligibility for the renewal of
program funding. As an entitlement jurisdiction, these specialized services are critical
for the City’s compliance.
Request for Proposals
On May 7, 2025, staff issued Request for Proposals (RFP # 25-076A) seeking
proposals from qualified consultants to provide on-call comprehensive financial,
administrative, and technical support services for federally funded programs (Exhibit 1).
Specifically, the selected consultant will assist City Staff in providing comprehensive
financial, grant monitoring, administrative, and technical support services for the CDBG,
HOME, and ESG Programs as needed. The technical assistance and administrative
services will be on-call for any forms of assistance or service related to these grant
programs.
The RFP was posted on the City’s online bid management and publication system
(PlanetBids) and a Notice Inviting Bids was sent to 250 prospective bidders. Through
the PlanetBids online portal, vendors may register to receive notifications on all current
and future City projects, as well as download contract documents, receive project
updates, and submit bids electronically. All prospective bidders in Santa Ana were
notified about the RFP but staff are not aware of any local firms with expertise and
experience in this scope of work. Responses to the RFP were accepted from May 7,
2025 to May 29, 2025.
The City received four (4) proposals prior to the RFP deadline. No firms from Santa
Ana submitted a proposal. A Proposal Review Committee consisting of three subject
matter experts from the Community Development Agency reviewed and ranked each
proposal based on the following criteria as stated in the RFP: Background,
Qualifications & Experience (25 points), Key Personnel / Proposed Staffing (25 points),
Technical Approach / Methodology (25 points), Cost Proposal (20 points), and
Organization/Completeness of Response (5 points). Below are the average scores for
the proposals:
Agreement with MDG Associates, Inc.
August 19, 2025
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Consultant Company Average Score
MDG Associates, Inc.97
Nan McKay and Associates 84
Advanced Avant-Garde 83
CohnReznick Advisory LLC 76
Based on this competitive procurement process, staff recommends that the City Council
approve an agreement with the highest-ranked consultant, MDG Associates, Inc., to
provide comprehensive financial, grant monitoring, administrative, and technical support
services for the CDBG, HOME, and ESG Programs in an amount not to exceed $300,000
over a three-year period, beginning August 19, 2025 and expiring June 30, 2028, with the
option for an extension (Exhibit 2). While cost competitiveness was considered as part
of the evaluation process, MDG Associates, Inc.’s superior qualifications and experience
with Santa Ana and comparable jurisdictions made them the highest-ranked firm. Their
pricing was found to be reasonable in light of their specialized expertise and the
comprehensive nature of the required services.
MDG Associates, Inc.
MDG Associates, Inc. (MDG) was selected based on their exceptional qualifications,
depth of experience with HUD-funded programs, and demonstrated understanding of
federal compliance requirements under 2 CFR Part 200. Their team includes nationally
recognized subject matter experts in grant compliance, program administration, and
monitoring, with a proven track record of delivering effective, timely, and collaborative
support to local governments throughout California and across the country. Several MDG
team members also serve as HUD-authorized trainers and contributors to the HUD “Ask
a Question” help desk, providing guidance to entitlement jurisdictions nationwide. This
reflects a unique level of regulatory fluency and positions MDG at the forefront of national
HUD compliance standards.
MDG has had agreements with the City of Santa Ana for over a decade, including the
same monitoring of various subrecipients and providing on-call technical assistance to
support the City’s CDBG, HOME, and ESG Programs. Their familiarity with the City’s
staff, systems, priorities, and past performance findings positions them to deliver
immediate and efficient support. In addition to their strong regulatory expertise, MDG has
consistently demonstrated a capacity-building approach that strengthens subrecipient
compliance and enhances the City’s overall grant compliance and administration. MDG’s
superior qualifications, technical expertise, and experience working directly with Santa
Ana distinguishes them as the most capable firm to provide these comprehensive
services. Staff recommends continuing this partnership with MDG to ensure high-quality
oversight of the City’s federal funds and to help mitigate compliance risks.
FISCAL IMPACT
Funds are available in the General Fund, HOME, and ESG Contract Services-
Professional account (nos. 01118810-62300, 13018780-62300, and 13518785-62300).
Subsequent funding will be budgeted in future fiscal years for expenditure as shown in
the table below:
Agreement with MDG Associates, Inc.
August 19, 2025
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Fiscal Year Grant
Year
Accounting
Unit-Account #Fund Description Accounting Unit,
Account Description Amount
FY 2025-26 2025 01118810-
62300 General Fund Contract Services-
Professional $ 70,200
FY 2025-26 2025 13018780-
62300 HOME Program Contract Services-
Professional $ 22,160
FY 2025-26 2025 13518785-
62300 ESG Contract Services-
Professional $ 7,640
Total for FY 25-26 $ 100,000
Fiscal Year Grant
Year
Accounting
Unit-Account #Fund Description Accounting Unit,
Account Description Amount
FY 2026-27 2026 13518780-62300 CDBG
Administration
Contract Services-
Professional $ 68,390
FY 2026-27 2026 13018780-62300 HOME Program Contract Services-
Professional $ 22,160
FY 2026-27 2026 13518785-62300 ESG Contract Services-
Professional $ 9,450
Total for FY 26-27 $ 100,000
Fiscal Year Grant
Year
Accounting
Unit-Account #Fund Description Accounting Unit,
Account Description Amount
FY 2027-28 2027 13518780-
62300
CDBG
Administration
Contract Services-
Professional $ 68,390
FY 2027-28 2027 13018780-
62300 HOME Program Contract Services-
Professional $ 22,160
FY 2027-28 2027 13518785-
62300 ESG Contract Services-
Professional $ 9,450
Total for FY 27-28 $ 100,000
TOTAL $300,000
EXHIBITS
1. Request for Proposals for HUD Grant Management Services
2. Agreement with MDG Associates, Inc.
Submitted By: Michael L. Garcia, Executive Director of Community Development
Approved By: Alvaro Nuñez, City Manager
REQUEST FOR PROPOSALS NO. 25-076A
FOR
UNITED STATES DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) GRANT MANAGEMENT
SERVICES
CITY OF SANTA ANA
KEY RFP D ATES: The schedule below is tentative and subject to change at the
discretion of City, with appropriate notice to prospective Proposers.
Issue Date: Wednesday, May 7, 2025
Deadline for Questions: Monday, May 19, 2025, 4:00 P.M.
Proposal Due Date: Thursday, May 29, 2025, 4:00 P.M.
EXHIBIT 1
CITY OF SANTA ANA
TABLE OF CONTENTS
I. BACKGROUND ........................................................................................................................... 3
II. OVERVIEW OF PROJECT .......................................................................................................... 3
III. TERM OF AGREEMENT ............................................................................................................ 4
IV. MINIMUM QUALIFICATIONS ...................................................................................................... 4
V. RESPONSE TO RFP .................................................................................................................. 4
VI. CERTIFICATIONS (ATTACHMENTS) ......................................................................................... 9
VII. REFERENCES ............................................................................................................................ 9
VIII. MINIMUM SCOPE AND LIMIT OF INSURANCE ......................................................................... 9
IX. SELECTION PROCEDURES & CRITERIA ............................................................................... 10
X. WITHDRAWALS........................................................................................................................ 11
XI. GENERAL TERMS AND CONDITIONS .................................................................................... 11
XII. AWARD OF AGREEMENT ........................................................................................................ 16
XIII. IMPLEMENTATION ................................................................................................................... 16
EXHIBITS
Exhibits provided herein for Proposers’ reference only.
EXHIBIT I – SCOPE OF SERVICES
EXHIBIT II – SAMPLE AGREEMENT
ATTACHMENTS
A PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING
B REFERENCES
C PROPOSER’S STATEMENT
D NON-COLLUSION AFFIDAVIT
E NON-LOBBYING CERTIFICATION
F NON-DISCRIMINATION CERTIFICATION
G SAM.gov UEI VERIFICATION
H CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
EXHIBIT 1
CITY OF SANTA ANA
I. BACKGROUND
The City of Santa Ana, California, is rich in culture and pride, the county seat of Orange County,
and encompasses an area of approximately 27 square miles. For more information, please visit
https://www.santa-ana.org/
II. OVERVIEW OF PROJECT
The City of Santa Ana (City) is seeking proposals from qualified and experienced consultants to
provide comprehensive financial and technical support services for federally funded subrecipient
programs during the 2025–2026 Fiscal Year, July 1, 2025 through June 30, 2026. Consultants
must demonstrate a thorough understanding of the Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards (2 CFR Part 200). See EXHIBIT I for
complete Scope of Services.
The term “Vendor”, “Proposer”, “Firm”, “Consultants”, and “Contractor” shall refer to any legal
entity or entities submitting a proposal in response to this Request for Proposals (RFP).
The selected consultant(s) will be responsible for monitoring the use of federal funds
administered through the following programs:
• Community Development Block Grant (CDBG)
• HOME Investment Partnerships Program (HOME)
• Emergency Solutions Grant (ESG)
The primary objective of this engagement is to ensure that all sub-awards are expended in
accordance with authorized program purposes and in full compliance with applicable federal
statutes, regulations, and the specific terms and conditions of each award. Responsibilities will
include, but are not limited to:
• Conducting comprehensive financial and compliance monitoring of subrecipients
• Evaluating internal controls, accounting systems, and documentation practices
• Providing technical assistance and corrective action guidance as needed
• Preparing detailed monitoring reports and documentation of findings
• Assisting with audit preparation and responses to federal or state inquiries
This initiative supports the City’s commitment to effective stewardship of public funds and the
promotion of transparent, accountable program management. Proposals will be evaluated based
on relevant experience, understanding of applicable federal requirements, technical approach,
and cost-effectiveness.
General Background
The City of Santa Ana is an entitlement jurisdiction, receiving its allocations directly from HUD.
The City’s Fiscal Year (FY) 2025-2026 allocation is anticipated to be $5,899,968 million dollars.
Below is an overview of the anticipated FY 2025-2026 budget:
Grant Approx. Annual Allocation
Community Development Block Grant (CDBG) $4,293,315
HOME Investment Partnership Program (HOME) $1,184,075
Emergency Solutions Grant (ESG) $422,578
City of Santa Ana RFP No. 25-076A Page 3 of 36
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CITY OF SANTA ANA
These funds are used for a variety of projects and activities, such as residential rehabilitation,
public and homeless services, rental assistance, public facilities improvement projects, and
affordable housing development. To learn more about the City of Santa Ana’s current HUD plans
and activities, please use the link below:
https://www.santa-ana.org/housing-grant-funding/
The City is seeking the services of a professional consultant or consulting firm to provide
assistance with United States Department of Housing and Urban Development (HUD) grant
administration. The assistance to be provided will ensure proper and timely expenditure of the
program funds.
III. TERM OF AGREEMENT
The anticipated term of the agreement is for an initial period of three (3) years. The City may, at
its discretion, extend the agreement with the same or more limited scope of required services for
two (2) additional one (1) year periods, upon mutual agreement contingent upon City Council
approval, or City Manager or City Attorney authorization, as appropriate. The total term of the
awarded agreement shall not exceed five (5) years.
Usage is not guaranteed. Execution of an agreement between the City and successful firm(s)
and/or individual(s) does not guarantee work throughout the duration of the contract period.
Numerous factors will be evaluated by the City in its delivery of project and assignments,
including technical expertise required.
IV. MINIMUM QUALIFICATIONS
1) Contractor must have been in business continuously for the most recent five (5) years prior
to the date of this RFP.
2) Minimum three (3) most recent years of experience performing similar services as those
detailed in the Scope of Services section of this RFP.
V. RESPONSE TO RFP
A. SUBMITTAL INSTRUCTIONS
It is the responsibility of the Proposer to ensure that any proposals submitted have been
uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required
sections and forms, shall be submitted electronically via the City’s Bid Management System,
PlanetBids.
PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will
receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their
proposal was submitted successfully. The City will only receive and consider those proposals
that were transmitted successfully. Submit proposal online at:
https://vendors.planetbids.com/portal/20137/portal-home.
Proposer shall be solely responsible for informing itself with respect to the proper utilization
of the bid management system, for ensuring the capability of their computer system to upload
the required documents, and for the stability of their internet service. Failure of the Proposer
to successfully submit an electronic proposal shall be at the Proposer’s sole risk and no relief
will be given for late and/or improperly submitted proposals. Proposers experiencing any
technical difficulties with the bid submission process may contact PlanetBids at (818) 992-
City of Santa Ana RFP No. 25-076A Page 4 of 36
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CITY OF SANTA ANA
1771. Questions of an operational nature may be directed to the City’s assigned Buyer.
Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of
assistance, or assurance that any given problem will be resolved by the bid submission
deadline.
Proposals shall NOT be sent via telegraphic, electronic, or facsimile means.
All notifications, updates and addenda will be posted online on PlanetBids at
https://vendors.planetbids.com/portal/20137/portal-home. Proposers shall be responsible for
monitoring the site to obtain information regarding this solicitation. Failure to respond to
required updates may result in a determination of a nonresponsive proposal.
B. COMMUNICATION / CONTACT WITH CITY STAFF
Unless otherwise authorized herein, Proposers who are considering submitting a proposal in
response to this RFP, or who submit a proposal in response to this RFP, are only to
communicate with the assigned Buyer(s), and no other City staff about this RFP from the
date this RFP is issued until a contract is awarded. The City will provide all official
communication concerning this RFP in writing via the City’s Bid Management System,
PlanetBids.
The City will not be responsible for or bound by any oral communication or any other
information or contact that occurs outside the official communication process specified
herein, unless confirmed in writing by the designated Buyer(s).
C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS
Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions
will be posted on PlanetBids no later than the date and time shown at the schedule of key
RFP dates on the cover page of this RFP. No verbal requests or responses will be accepted.
Significant interpretations or clarifications will be addressed via addenda to this RFP.
Significant interpretations or clarifications and responses to questions received by the
deadline will be addressed via addenda to this RFP, which will be released and posted on
PlanetBids under the “Addenda/Emails” tab.
General process questions may be directed to the following:
Jacques Lam
Buyer
jlam@santa-ana.org
D. EXCEPTIONS
Requests submitted for City’s consideration of proposed terms and conditions, including
modifications to the City’s RFP and/or Contract terms and conditions must be submitted by
the deadline for questions. Such requests should include an attachment in Word or PDF
format on formal company letterhead that shows the requested modifications. Should the
Proposer be considered for award recommendation and progress into the negotiations
phase, the requests for exceptions or modifications to the City’s terms and conditions will be
discussed at that time. The City will not accept any requests after the deadline for questions
and reserves the right to reject or strike any requests for exceptions or additional terms and
conditions related to Agreement, RFP, and insurance and indemnification terms and
conditions.
City of Santa Ana RFP No. 25-076A Page 5 of 36
EXHIBIT 1
CITY OF SANTA ANA
E. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum
or amendment. Notification of such addendum or amendment shall be posted on City’s
PlanetBids system, https://vendors.planetbids.com/portal/20137/portal-home. Proposers
shall be responsible for monitoring the site to obtain information regarding this solicitation.
F. UNDERSTANDING PROPOSAL
It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision,
or requirement of the RFP that the Proposer does not understand. Responses to inquiries,
if they significantly change or clarify the RFP requirements or any aspect of the procurement
process, will be forwarded by addenda to all Proposers. The City will not be bound by any
oral responses to inquiries. By submitting proposals, Proposers assert that they have fully
read the RFP and any addenda issued by the City, the proposed Contract and any other
Contract Documents, and affirm that the terms and conditions stated therein are fully
understood and are acceptable to the Proposer. Each Proposer accepts the terms and
conditions of the Contract Documents and indicates their ability and willingness to perform
the requested services under such terms and conditions. Any exceptions to the terms and
conditions set forth in the Contract Document shall be submitted to the City by the deadline
to submit requests for information or clarification/questions set forth herein.
G. PROPOSAL CONTENTS
Proposals are to be prepared in such a way as to provide a straightforward, concise
delineation of capabilities to satisfy the requirements of this RFP. Colored displays,
promotional materials, photographs etc., are not necessary or desired. Emphasis should be
concentrated on conformance to RFP instructions, responsiveness to the RFP requirements,
and on completeness and clarity of content. Digital dividers and clear organization of content
and material are encouraged.
1. Statement of Qualifications (SOQ)
SOQ must include a Table of Contents. Additionally, SOQ must include the following:
a. Cover Letter
Proposals shall include a letter signed by a principal or authorized representative who
can make legally binding commitments for the entity. Include type of business entity.
Cover Letter shall not exceed one page. Show the RFP subject, the name of proposer
firm, local address, telephone number, name of contact person and date. Give the
names of the persons who will be authorized to make representations for the proposer,
their titles, addresses, e-mail addresses, telephone numbers, and fax numbers.
Cover letter must be addressed to the following City Project Manager:
Brenda Vega, Community Development Analyst
City of Santa Ana – Community Development Agency
20 Civic Center Plaza M-25
Santa Ana, CA 92701
(714) 667-2219
bvega@santa-ana.org
b. Services Provided
A description of proposed services to be provided and how they meet the needs of the
City as described in Exhibit I – Scope of Services. Briefly state the proposer’s
understanding of the work to be done and commitment to perform the work within the
City of Santa Ana RFP No. 25-076A Page 6 of 36
EXHIBIT 1
CITY OF SANTA ANA
specified time period.
c. Agreement Statement
Proposal shall include a statement outlining your concurrence or reference to concerns
previously submitted with any and all provisions as contained in EXHIBIT II – Sample
Agreement of this RFP (if any).
d. Firm and Team Experience
Proposal shall include a profile of the firm’s experience including the following:
i. A general description of the firm, including size and number of employees
working directly with the City on this agreement.
ii. Firm’s nearest address serving the City of Santa Ana and headquarters
address.
iii. Name and contact information of the supervising Project Manager/Principal
Agent, to be assigned to the agreement. The Project Manager/Principal
Agent shall be the primary contact person to represent your firm and will be
the person to conduct the presentation, if invited to an interview.
iv. Resumes for all key staff proposed describing relevant experience. Identify
personnel who will work on the monitoring including their resumes and
hourly rates.
v. Describe recent monitoring experience similar to the type requested.
e. Proposed Work Plan
Proposal shall include a statement demonstrating the firm’s understanding of the
Scope of Services.
Describe the company’s experience and work plan to conduct financial and
programmatic compliance reviews of federal grants with your hourly rates and
estimated hours for the following services:
• Financial monitoring of up to five (5) Community Development Block Grant
sub-recipients providing fair housing and/or public services.
• Program monitoring for up to five (5) Community Development Block Grant
sub-recipients providing fair housing and/or public services.
• Financial monitoring of up to three (3) Emergency Solutions Grant sub-
recipients. Two sub-recipients provide one activity and one subrecipient
provides three activities.
• Project monitoring of two (2) Community Development Block Grant capital
improvement projects.
• Financial monitoring of two (2) HOME projects.
• Technical support to enhance project documents and reporting documents for
City of Santa Ana RFP No. 25-076A Page 7 of 36
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compliance with all applicable regulations.
Additionally, proposed work plan shall include Proposers’:
i. Anticipated approach to performing services as specified herein;
ii. Suggestions or special concerns the evaluation committee should take into
consideration (if any);
iii. Description of deliverables and implementation plan. Proposer shall submit a
general description of the deliverables, implementation plan, and timeline.
iv. Provide the location of the office from which the work is to be done and the
number of partners, managers, supervisor, seniors and other professional
staff employed by the office.
f. References: Attachment B – References shall be submitted for similar projects
performed for state and/or similar government clients.
2. Cost Proposal
All Proposers are required to submit a fixed rate fee with their Cost Proposal. Pricing
instructions should be clearly defined to ensure fees proposed can be compared and
evaluated. Cost Proposal must include a payment schedule if applicable. City reserves
the right to negotiate compensation and/or payment schedule prior to award of any
resulting agreement. When applicable, if providing hourly rate sheets, Proposer shall not
include rate ranges or averages.
The City shall not provide reimbursement for travel-related expenses, mileage, parking,
lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any
other business expenses, supplies and materials related to providing services as
specified herein. Additional costs will not be considered and will not be reimbursed by the
City, therefore, such costs must be absorbed in Proposer’s cost proposal fee structure.
Any language related to travel reimbursement shall be stricken from the document by the
City and if not stricken, shall be deemed invalid.
Proposals shall be valid for a minimum of one hundred eighty (180) days following
Proposal deadline. The cost for developing the Proposal is the sole responsibility of the
Proposer. All Proposals submitted become property of the City.
Pricing shall remain firm for the entire initial Agreement term. Thereafter, any proposed
pricing adjustment for follow-on renewal periods shall be submitted to the City
Representative in writing at least ninety (90) days prior to the new Agreement term. The
City reserves the right to accept, reject, or negotiate any proposed pricing adjustment not
to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data as follows:
Los Angeles-Long Beach-Anaheim, CA; All Urban Consumers; Not Seasonally Adjusted;
annualized change comparing the most recent month’s reported data to the same month
of the prior year. (This information may be found on the U.S. Department of Labor’s
website at www.bls.gov.)
City of Santa Ana RFP No. 25-076A Page 8 of 36
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VI. CERTIFICATIONS (ATTACHMENTS)
In addition to the SOQand Cost Proposal, the following forms, included in this RFP, shall be
signed and included as part of the proposal submittal package:
• Attachment A: Proposer’s Certification and Proposal Item Pricing
• Attachment B: References
• Attachment C: Proposer’s Statement
• Attachment D: Non-Collusion Affidavit
• Attachment E: Non-Lobbying Certification
• Attachment F: Non-Discrimination Certification
• Attachment G: SAM.gov UEI Veritifcation
• Attachment H: Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion
The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed
as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals
submitted and no representation is made hereby that any commitment will be awarded pursuant
to this RFP or otherwise.
PLEASE NOTE:
• All forms above must be signed by a representative of the Firm that is legally
authorized to contractually bind the Proposer.
• City will not waive notarization requirement when applicable on any of the
required attachments.
VII. REFERENCES
Contractor shall provide three (3) references from other similar public agencies for which services
similar to those specified in this RFP have been performed, including contact names, addresses
and telephone numbers. Use ATTACHMENT B – References. The respondent grants
permission for the City to contact any individuals listed as references.
City may disqualify a Proposer if:
• References fail to substantiate Proposer’s description of services and
deliverables provided; or
• References fail to support that Proposer has a continuing pattern of providing
capable, productive, and skilled personnel, or
• City is unable to reach the point of contact with reasonable effort. It is the
Proposer’s responsibility to inform the point of contact(s) of normal City
working hours.
VIII. MINIMUM SCOPE AND LIMIT OF INSURANCE
See Exhibit II – Sample Agreement
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IX. SELECTION PROCEDURES & CRITERIA
A. Evaluation: The City will establish a proposal review committee. The review committee will
evaluate proposals based on the response to the RFP, which includes adherence to outlined
directions and format, and the City evaluation criteria set forth below.
B. Scoring Criteria: Proposers will be ranked by the review committee based on the following
criteria:
CATEGORY POINTS
Background, Qualifications & ExperienceThe technical qualifications and
experience of the organization are adequately described as they relate to the Scope
of Services.
o The proposal identifies specific projects completed within the past five (5) years that
demonstrate competency of the tasks outlines in the Scope of Services.
o The ability to meet the needs and concerns of the City is adequately demonstrated.
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Key Personnel / Proposed StaffingProposer demonstrates experience providing
type of service required or experience providing similar services
• Proposer demonstrates they have the necessary resources, knowledge, skills,
experience, and any required licenses / certifications to provide the required services
• Proposal provides resumes of experienced personnel that are capable of and devoted
to the successful accomplishment of work to be performed under this contract.
• Staff members have been identified who would be assigned to act in key
management and technical positions providing services described in the Scope of
Services.
• Proposal includes a description of the role for each identified staff member, including
name, position, education, years of experience, and relevant projects on which they
have worked.
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Technical Approach / Methodology
o The proposal provides a thorough description of how the firm plans to meet the
requirements of the Scope of Services, addressing specific challenges and
opportunities, and explaining why their company is best suited to assist the City. o An implementation plan is included outlining a description of efforts the firm will
undertake to achieve client satisfaction and to meet project deadlines
25
Cost Proposal
The Cost Proposal will be evaluated as follows:
• Lowest price receives the full score.
• Other scores are proportional to the lowest price.
20
Organization/Completeness of Response
Proposal demonstrates understanding of project and objectives as it relates to the
Scope of Services.
o Proposal demonstrates requirements are addressed and adhered to. o Proposal is complete, comprehensive, and well-organized.
5
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C. Rankings: A final score will be calculated for each submitted proposal and used to rank
Proposers. Based upon the foregoing criteria, all proposals shall be ranked by score. Only
those proposals receiving a score above 70 will be considered for award. The City reserves
the right to award the contract to any Proposer(s) with a score above 70. The review
committee will evaluate Proposers based on their response to the RFP and the City
evaluation criteria set forth above.
D. Interviews: The review committee may invite the Proposers to interview. If invited to interview,
Proposers must be prepared to include key personnel in the interview and/or presentation.
The City reserves the right to seek additional information from any or all Proposers invited to
present proposals. A final score will be calculated for each submitted proposal and used to
rank Proposers. City reserves the right to begin negotiations and enter into a contract without
holding interviews, or further discussions.
E. Selection: The City is under no obligation to accept any proposal and reserves the right to
negotiate with respondents as to fees and terms. The City may reject proposals at its sole
discretion. If proposal fails to satisfy any requirements outlined in this RFP, it may be
considered non-responsive and may be rejected.
The City shall not be obligated to accept the lowest priced proposals, but will make awards
in the best interests of the City after all factors have been evaluated. The review committee
will recommend the qualified Proposers to the City Council or City Manager for award of
contract, as appropriate.
The City has the authority to award the contract to one (1) or more respondents.
X. WITHDRAWALS
Proposers are responsible for verifying all prices and information before submitting a proposal.
Prior to the proposal due date, the Proposer or Proposer’s representative may withdraw the
proposal by providing written notice of the proposal withdrawal to the City Contact/Project
Manager. Verbal or telephonic withdrawals are not permissible.
XI. GENERAL TERMS AND CONDITIONS
A. AMERICANS WITH DISABILITIES ACT
The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans
with Disabilities Act of 1990 (“ADA”), 42 USC §§ 12101 et seq., and its implementing
regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against
persons with disabilities nor against persons due to their relationship to or association with a
person with a disability. Any contract entered into by the awarded Contractor (or any
subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph.
TOTAL POSSIBLE SCORE
(Before interviews – if held) 100
Interviews
• The City reserves the right to conduct interviews with the highest-rated firm(s). In the
event the City does perform an interview process, the following is the maximum number
of additive points that may be applied to the proposal score. Total possible score may
exceed 100 points.
10
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B. CITY BUSINESS LICENSE
The selected Proposer must obtain a City of Santa Ana Business License prior to the
execution of a contract and must provide a copy to the Buyer assigned to this RFP. The
awarded party shall maintain a current business license throughout the term of the resulting
contract. Procedure to obtain a City of Santa Ana Business License is available by contacting
the Finance and Management Services, Business Tax Office at (714) 647-5447 or on the
City’s website: www.santa-ana.org
C. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is
made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The
City reserves the right to accept or reject the combined or separate components of this
proposal in part or in its entirety or to waive any minor inconsistency, informality or technical
defect in the proposal.
D. CONFLICT OF INTEREST
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions
that could result in a conflict with the best interests of the City. This obligation shall apply to
the Contractor; the Contractor’s employees, agents, and Subcontractors associated with
accomplishing work and services hereunder. The Contractor’s efforts shall include, but not
be limited to, establishing precautions to prevent its employees, agents, and Subcontractors
from providing or offering gifts, entertainment, payments, loans or other considerations which
could be deemed to influence or appear to influence City staff or elected officers from acting
in the best interests of the City.
Each Proposer must disclose any existing or potential conflict of interest relative to the
performance of the contractual services resulting from this RFP. Any such relationship that
might be perceived or represented as a conflict should be disclosed. The City reserves the
right to disqualify any Proposer on the grounds of actual or apparent conflict of interest.
No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded
a Contract for the provision of services, the delivery of supplies, or the provision of any other
related action which is required, suggested, or otherwise deemed appropriate as an end
product of this Contract. Therefore, Contractor is precluded from contracting for any work
recommended as a result of this Contract.
E. CONTRACTOR’S EXPENSE
Pre-Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to
entering into a formal contract. Costs of developing a response to this RFP, are entirely the
responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre-
contractual expenses are not to be included in the cost proposal. Pre-contractual expenses
include, but are not limited to, preparation of the proposal, submission of the proposal and
additional information, attendance at pre-proposal conference, negotiating any matter related
to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date
of award and execution, if any, of the contract.
Other Expenses: The Contractor will be responsible for all costs related to photo copying,
telephone communications, fax communications, and parking while on City sites during the
performance of work and services under this Contract.
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F. CONTRACTOR’S PROJECT MANAGER/KEY PERSONNEL
Except as formally approved by the City, the key personnel identified in Contractor’s proposal
shall be the individuals who will actually complete the work. Changes in staffing must be
reported in writing and approved by the City. The City shall have the right to require the
removal and replacement of the Contractor’s Project Manager and key personnel under the
awarded contract. The City shall notify the Contractor in writing of such action. The City is
not required to provide any reason, rationale, or additional factual information if it elects to
request any specific key personnel be removed from performing services under the awarded
contract. The City shall review and approve the appointment of the replacement for the
Contractor’s personnel. Said approval shall not be unreasonably withheld.
Standards of Conduct: Contractor’s personnel shall be courteous and maintain good working
relationships with all stakeholders, state or outside agencies, other team members and staff
within the City.
G. COST PROPOSAL
The awarded Contractor agrees to provide the purchased services at the costs, rates, and
fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees
shall be payable to the awarded Subcontractor for implementation of their proposal.
H. DATA RETENTION
Contractor shall be responsible for retaining data, records, and documentation for the
preparation of required items. These materials shall be made available to and as requested
by City.
All materials, documents, data or information obtained from the City Data files or any City
medium furnished to Contractor in the performance of an awarded contract will at all times
remain the property of the City. Such data or information may not be used or copied for direct
or indirect use by Contractor after completion or termination of this Contract without the
express written consent of the City. All materials, documents, data or information, including
copies, must be returned to the City at the end of the contract.
All data, documents and other products used, developed, or produced during response
preparation of the RFP will become property of the City. All responses to the RFP shall
become property of the City. Proposer information identified as proprietary shall be
maintained confidential, to the extent allowed under the California Public Records Act.
I. DRUG-FREE WORKPLACE
The awarded Contractor certifies compliance with Government Code Section 8355 in matters
relating to providing a drug-free workplace. Failure to comply with these requirements may
result in suspension of payments under the Contract or termination of the contract or both,
and the Contractor may be ineligible for award of any future City contracts.
J. EXAMINATION
Proposer represents that it has thoroughly examined and become familiar with the services
and responsibilities required this RFP and that it is capable of effectively and efficiently
performing quality work to achieve the City’s objectives. Any attachments referenced herein
or any interpretations, clarifications or amendments subsequently posted in relation to this
RFP are fully incorporated.
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Any irregularities or lack of clarity in the RFP should be brought to the designated City
Contact/Project Manager’s attention as soon as possible so that corrective addenda may be
furnished to prospective Proposers.
Proposals which appear unrealistic in the terms of technical commitments, lack of technical
competence, or are indicative of failure to comprehend the complexity and risk of this
contract, may be rejected.
K. EXECUTION OF AGREEMENT
Upon successful negotiations, the City and the selected Proposer will enter into an
Agreement similar to that as shown in EXHIBIT II – Sample Agreement of this RFP. If a
Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being
notified of selection under this RFP, the City reserves the right to disqualify them without any
further obligation
L. FISCAL NONFUNDING CLAUSE
In the event sufficient budgeted funds are not available for a new fiscal period, the City shall
retain the right to notify the provider of such occurrence in writing at least thirty (30) days
before the end of the current fiscal period and terminate the contract on the last day of the
current fiscal period without penalty or expense to the City.
M. INDEPENDENT CONTRACTOR
Contractor is considered an independent Contractor and neither Contractor, its employees,
nor anyone working under Contractor will be considered an agent or an employee of City.
Neither Contractor, its employees, nor anyone working under Contractor, will qualify for
workers’ compensation or other fringe benefits of any kind through City.
N. JOINT OFFERS/SUBCONSULTANTS
Where two or more Proposers desire to submit a single proposal in response to this RFP,
they should do so on a prime sub-consultant basis. The City intends to contract with a single
firm, also known as the prime, and not with multiple firms doing business as a joint venture.
Should the use of sub-consultants be offered, the Proposer shall provide the same
assurances of competence for the sub-consultant plus the demonstrated ability to manage
and supervise the subcontracted work. Sub-consultants shall not be allowed to further
subcontract with others for work under the Agreement. The provisions of the Agreement shall
apply to all sub-consultants in the same manner as the Proposer. The Proposer is
responsible for all the actions taken by their sub-contractor.
The City reserves the right to reject, replace and approve any and all Subcontractors. All
Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right
to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the
prime Contractor and the City shall assume no liability of such Subcontractors.
O. LITIGATION STATUS
Each Proposer must include in its proposal a complete disclosure of any alleged significant
prior or ongoing contract failures, any civil or criminal litigation or investigation pending which
involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to
comply with the terms of this provision will disqualify any proposal. The City reserves the
right to reject any proposal based upon the Proposer’s prior history with the City or with any
other party, which documents, without limitation, unsatisfactory performance, adversarial or
contentious demeanor, significant failure(s) to meet contract milestones or other contractual
failures.
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P. NEGOTIATIONS
The City reserves the right to negotiate final contract terms with any Proposer selected. The
contract between the parties will consist of the RFP together with any modifications thereto,
and the awarded Contractor’s proposal, together with any modifications and clarifications
thereto that are submitted at the request of the City during the evaluation and negotiation
process. In the event of any conflict or contradiction between or among these documents,
the documents shall control in the following order of precedence: the final executed contract,
the RFP, any modifications and clarifications to the awarded Contractor’s proposal, and the
awarded Contractor’s proposal. Specific exceptions to this general rule may be noted in the
final executed contract.
Negotiations shall be confidential and not subject to disclosure to competing Contractors
unless and until an agreement is reached. If contract negotiations cannot be concluded
successfully, the City reserves the right to negotiate a contract with another Contractor or
withdraw the RFP.
Q. NON-PAYMENTS
Note that payments will NOT be made for any unsatisfactory work until corrected. In the event
of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30)
working days to cure the alleged breach.
R. OWNERSHIP OF DOCUMENTS
The City has permanent ownership of all directly connected and derivative materials produced
under this contract by the Contractor. All documents, reports and other incidental or derivative
work or materials furnished hereunder shall become and remains the sole property of the City
and may be used by the City as it may require without additional cost to the City. Contractor
shall provide the City copies of documents upon its request at any time. None of the documents,
reports and other incidental or derivative work or furnished materials shall be used by the
Contractor without the express written consent of the City.
S. PARKING
The City will not provide free parking and/or reimbursement for the cost of parking while
providing services and conducting business with the City.
T. PROFESSIONAL STANDARDS
Contractor staff shall be courteous to the public and City staff utilizing facilities where
Contractor is performing work, but shall be responsive only to the requests of the City’s
Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or
designee.
Contractor acknowledges that City locations consist of public-use facilities and recognizes
the obligation to ensure Contractor personnel and agents maintain the highest level of
professional standards in attire, decorum, and interaction with the public and City personnel.
U. PROJECT MANAGER
The selected Proposer will assume responsibility for all services in its proposal. The selected
Proposer shall identify a sole point of contact, Project Manager, with the greatest
knowledge in regard to the required service operations and contractual matters, including
payment of any and all charges resulting from the Agreement.
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V. PROPOSAL VALIDITY
Services, pricing, and warranties indicated in a Proposer’s Proposal must be valid for a period
of 180 days at minimum after the submission of the Proposal.
W. PUBLIC AGENCIES
Other public agencies, as defined by California Government Code Section 6500, may choose
to use the terms of this Contract, subject to Contractor’s acceptance. The City is not liable or
responsible for any obligations related to a subsequent contract between Contractor and
another public agency.
X. PUBLIC RECORDS
Proposals will become public record after the award of a contract unless the proposal or
specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly
label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees
to indemnify and defend the City for honoring such a designation. The failure to so label any
information that is released by the City shall constitute a complete waiver of any and all claims
for damages caused by any release of the information. Proposer information identified as
proprietary shall be maintained confidential, to the extent allowed under the California Public
Records Act.
Y. SUBCONTRACTORS
Proposals in response to this RFP must identify any Subcontractors, and outline the
contractual relationship between the Awarded Subcontractor and each Subcontractor. An
official of each proposed Subcontractor must sign, and include as part of the proposal
submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read
and will agree to abide by the awarded Contractor’s obligations. Any Subcontractor proposed
after award of contract must be approved by the City before commencement of work.
The City will look solely to the awarded Contractor for the performance of all contractual
obligations which may result from an award based on this RFP, and the awarded Contractor
shall not be relieved for the non-performance of any or all Subcontractors.
XII. AWARD OF AGREEMENT
Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful
negotiation of final contract terms.
A. EXECUTION OF AGREEMENT
A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. “Proposer”
will hereinafter be referred to as “Consultant” or “Contractor” in standard agreement. The
term of the agreement will begin after the agreement is fully executed, and all required bonds,
insurance documents and contents of the payment information packet have been received
and approved.
XIII. IMPLEMENTATION
A. KICK-OFF MEETINGS
The successful Proposer will be required to meet with City staff prior to commencement of
services or at any time as required by the City, to discuss and agree on operational issues
including transition of services and scheduling.
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Consultant shall perform services as set forth below.
General Responsibilities of the Consultant
Consultant will provide select monitoring and technical support services, as well as administrative
services for the City of Santa Ana’s CDBG, HOME, and ESG Programs. The technical assistance and
administrative services will be on-call for any forms of assistance or service related to these grant
programs. This means the consultant may be required to administer or manage any form or part of the
CDBG, HOME, and ESG Programs at any point-in-time on behalf of the City. These services also
apply to the close-out and transfer of one-time grants for the Neighborhood Stabilization Program (NSP
1, 2 & 3).
These services also include the City’s Citizen Participation Plan Review, Language Access Plan
Update, Consolidated Plan and Annual Action Plans, including any public meetings, completion of the
draft Consolidate Plan and Annual Action Plans, Submission of the Consolidated Plan and Annual
Action Plans in IDIS, and Acceptance of Consolidated Plan and Annual Action Plans by HUD. This
Scope of Services is not meant to be exhaustive relative to the administration or management of any
form or part of the CDBG, HOME, and ESG Programs. Amongst the services to be provided,
monitoring is highlighted below in detail as an example of the level of detail required by the Consultant:
MONITORING
Coordinate and finalize the monitoring visits directly with each sub-recipient and conclude follow up
each fiscal year no later than June 1st.
1. Monitoring Letter
Send a monitoring letter to each subrecipient requesting an appointment and indicating required
documentation to be reviewed at the onsite monitoring.
2. Hold an Entrance Conference
Hold an entrance conference onsite with the subrecipients’ appropriate financial and/or program
staff immediately before the monitoring to ensure that all subrecipient staff have a clear
understanding of the purpose, scope and schedule of the monitoring.
3. Review Financial and/or Program Documents
Utilize applicable HUD Forms from CPD Monitoring Handbook for Subrecipient Oversight for
CDBG, ESG, and HOME or any other forms that Consultant deems acceptable for monitoring
standards. Proposed forms are to be submitted for review to the City for preapproval by the City
for use.
4. Hold an Exit Conference
Meet with key representatives of the subrecipient organization to: 1) present preliminary results
of the monitoring visit; 2) provide an opportunity for the subrecipient to correct any
misconceptions or misunderstandings; 3) secure additional information from subrecipient staff to
clarify or support their position; and 4) provide an opportunity for subrecipient staff to report on
steps they are already taking to correct the matter.
EXHIBIT I
SCOPE OF SERVICES
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5. Draft Monitoring Letter for City’s Review
Draft a monitoring letter to subrecipient for the City’s review after the monitoring visit. Letter
should include observations, concerns, findings, recommended actions and/or corrective
actions.
6. Follow-Up
Follow-up on outstanding corrective actions and draft final monitoring close-out letter for the
City’s review.
MONITORING STANDARDS
All monitoring activities conducted under this engagement shall adhere to the standards and
requirements set forth in the Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (commonly referred to as Uniform Guidance), codified at 2 CFR Part
200.
The consultant is expected to perform monitoring in a manner consistent with the principles of
accountability, transparency, and risk-based oversight. This includes, but is not limited to, the following
key components:
1. Compliance with Federal Regulations: All activities must align with the compliance
requirements outlined in 2 CFR 200, including Subpart D (Post Federal Award Requirements)
and Subpart F (Audit Requirements), ensuring that subrecipients use federal funds for allowable
and eligible purposes.
2. Internal Control Evaluation: The consultant must assess the effectiveness of each
subrecipient’s internal control systems in relation to financial management, procurement
practices, and programmatic operations, as described in 2 CFR §200.303.
3. Risk Assessment: Monitoring shall include a documented risk-based approach to determine
the appropriate level of oversight for each subrecipient, consistent with the guidance in 2 CFR
§200.331(b). This includes evaluating prior performance, financial stability, and the complexity
of funded activities.
4. Performance and Financial Monitoring: The consultant will verify that programmatic goals are
being met and that financial reporting, cost allocations, and expenditures conform to applicable
federal guidelines and the specific terms and conditions of each sub-award.
5. Corrective Actions and Technical Assistance: If deficiencies are identified, the consultant
shall provide clear recommendations for corrective action and, where appropriate, offer
technical assistance to ensure timely and effective remediation.
6. Documentation and Reporting: All monitoring findings, recommendations, and follow-up
actions must be thoroughly documented in accordance with 2 CFR §200.334 (Retention
Requirements for Records), and submitted in a timely manner to City staff for review.
These monitoring standards are designed to safeguard federal funds, support program integrity, and
ensure the City of Santa Ana and its subrecipients maintain compliance with all applicable laws and
regulations.
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The monitoring will include second quarter billings and performance for fiscal year 2025-2026.
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CONSULTANT AGREEMENT
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this day of , 20__ by and between
___________________________________________________________, (“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 (“City”).
RECITALS
A. The City desires to retain a Consultant having special skill and knowledge in the field of:
B. Consultant represents that Consultant is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field
and that any services performed by Consultant under this Agreement will be performed in compliance with
such standards as may reasonably be expected from a professional 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
Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor,
materials, tools, equipment, and incidental customary work required to fully and adequately complete the services
described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates
and charges identified in Compensation - Exhibit B. The total amount to be expended during the
term of this Agreement shall not exceed $100,000.00.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing
work performed, subject to City accounting procedures. Payment need not be made for work which
fails to meet the standards of performance set forth in the Recitals which may reasonably be expected
by City.
3. TERM
This Agreement shall commence on July 1, 2025 for a 3 year term with the option for the City to grant up
to two 1-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated
earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant
and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-
employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the
professional manner in which Consultant performs the services which are the subject matter of this Agreement;
however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable
standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social
EXHIBIT II
SAMPLE AGREEMENT
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security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all
applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies,
drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression,
including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,
which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”).
Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual
license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and
warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such
representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City
shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not
within the purposes intended by this Agreement shall be at City’s sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require
any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement
against claims for injuries to persons or damage to property which may arise from or in connection with services,
products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.
MINIMUM SCOPE AND LIMIT OF INSURANCE
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an
“occurrence” basis, including products and completed operations, property damage, bodily injury and
personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate.
Required policy limits can be met with primary and umbrella/excess insurance policies.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits
no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial
automobile liability insurance, City will accept evidence of valid personal automobile insurance.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s
Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury
or disease. Coverage is not required if Consultant has no employees and signs request to waive such
insurance.
4. Professional Liability: with limits no less than $2,000,000 per occurrence or claim, and $4,000,000
aggregate.
If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of
coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits
maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance
and coverage shall be available to City.
Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following provisions:
1. City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be
covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability
policies, with respect to any liability arising out of work or operations performed by or on behalf of the
Instructor including materials, parts, equipment, and personnel furnished in connection with such work or
operations.
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2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City
Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any
policy which arise from work performed by Consultant under this Agreement.
3. For any claims related to this contract, Consultant’s insurance coverage shall be primary and any
insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall
not contribute with it.
4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s
insurance shall apply separately to each insured against whom a claim is made or suit is brought, except
with respect to the insurer’s limits of liability.
5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided,
reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30)
days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to
City for policy cancellation or non-renewal due to non-payment of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention:
(Name of Department Staff Responsible for Agreement), Address of Department Responsible for
Agreement, M-XX, Santa Ana, CA 92701. The name and location of project must be included in the
Description of Operations section of each certificate.
Self-Insured Retentions
Self-insured retentions must be declared to and approved 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 expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M.
Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage
Consultant shall furnish City with original Certificates of Insurance including all required amendatory
endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy
of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins.
However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s
obligation to provide them.
City reserves the right to require complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior
experience, insurer, coverage, or other special circumstances.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,
employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just
compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and
claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors,
agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this
Agreement; and (2) from any claim that personal injury, 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 harmless
agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or
alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or
effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs
for the defense of the City, including 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 personal or property rights arises by reason of the terms
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CITY OF SANTA ANA
of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation
in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code
Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims
that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against
any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright
infringement, including costs, contained in the work product or documents provided by Consultant to the City
pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this
Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this
Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three
(3) years, or for any longer period required by law, from the date of final payment to Consultant under this
Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of
the City to examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data,
documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of
final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
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 Agreement, and further agrees to exercise the same degree of care it uses to
protect its own information of like importance, but in no event less than reasonable care. “Confidential Information”
shall include all nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either
party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of
non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available
sources; (b) is, through no fault 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 disclosed by operation of law; or (e) is
independently developed by the Consultant without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which
would conflict in any manner with performance of services specified under this Agreement.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and
veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the
recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities
or any services provided under this Agreement. Consultant affirms that it is an equal opportunity 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 Contractor, and
supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between
City of Santa Ana RFP No. 25-076A Page 23 of 36
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CITY OF SANTA ANA
the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement
may not be modified except by written instrument signed by the City and by an authorized representative of
Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are
inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City.
Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally
or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may
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 City's prior written consent shall be considered
null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services
which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.
15. 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 for all services
performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director 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 consents to the City's 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 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 unless it is in writing and signed by the party waiving the breach, failure, right
or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach,
failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing
so specifies.
17. JURISDICTION - VENUE
This Agreement 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 determined and governed by the
laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any
action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary 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 Santa Ana and all other governmental
agencies. Consultant shall notify the City immediately and 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 communication 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
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CITY OF SANTA ANA
prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following
persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, Community Development
Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:
A party may change its address by giving notice in writing to the other party. Thereafter, any communication
shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed
to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified,
with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed
to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames,
weekends, federal, state, County or City holidays shall be excluded.
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 fully, including reasonable costs and attorney’s fees, 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.
b. The Agreement is the final and complete agreement and any prior or contemporaneous
agreements for similar services between the parties is superseded by this Agreement. This shall
not apply where the Parties are currently engaged and Consultant is providing services not
contemplated by this Agreement.
c. 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: CITY OF SANTA ANA
First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:
City of Santa Ana RFP No. 25-076A Page 25 of 36
EXHIBIT 1
CITY OF SANTA ANA
Jennifer L. Hall Alvaro Nuñez
City Clerk City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONSULTANT:
City Attorney
By:
Assistant City Attorney
Tax ID#
RECOMMENDED FOR APPROVAL:
Michael L. Garcia
Executive Director
Community Developoment Agency
(name)
(title)
City of Santa Ana RFP No. 25-076A Page 26 of 36
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CITY OF SANTA ANA
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request
for Proposals. I have examined the Scope of Services (Exhibit I) and am qualified to provide services
being requested as specified herein. I understand and agree that I am responsible for reporting any
errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.
PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all
pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the
City in accordance with said terms and conditions.
__________________________________________________________________________________
LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
__________________________________________________________________________________
BUSINESS ADDRESS
__________________________________________________________________________________
PRINTED NAME OF AUTHORIZED AGENT TITLE
__________________________________________________________________________________
SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS
__________________________________________________________________________________
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER
(IFAPPLICABLE)
__________________________________________________________________________________
CITY OF SANTA ANA BUSINESS LICENSE NUMBER
(PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.)
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT A
PROPOSER’S CERTIFICATION, PROPOSAL PRICING
City of Santa Ana RFP No. 25-076A Page 27 of 36
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CITY OF SANTA ANA
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the
supplies, equipment or services included in the scope of the proposal specifications. Attach additional
pages if required. The City reserves the right to contact each of the references listed for additional
information regarding your firm's qualifications.
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________
Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________
Contract Amount: ________________________Year: ______________________________________
Description of supplies, equipment, or services provided:
__________________________________________________________________________________
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________
Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________
Contract Amount: ________________________Year: ______________________________________
Description of supplies, equipment, or services provided:
__________________________________________________________________________________
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________
Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________
Contract Amount: ________________________Year: ______________________________________
Description of supplies, equipment, or services provided:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT B
REFERENCES
City of Santa Ana RFP No. 25-076A Page 28 of 36
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CITY OF SANTA ANA
Proposer understands and agrees that this written RFP (or any part thereof specifically designated and
accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between Proposer
and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with
her signature and official seal noting hereon the action of approval of the Council, signed by the Executive
Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of
this document, and its execution, and when it or an exact copy of it has been either delivered to Proposer or
deposited with the United States Postal Service properly addressed to the Proposer with the correct postage
affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish
City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays,
Sundays and City’s legal holidays), or the funds, check, draft, or Proposer’s bond substituted in lieu thereof
accompanying this proposal shall become the property of the City and shall be considered as payment of
damages due to the delay and other causes suffered by City because of the failure to furnish the necessary
bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to
ascertain; otherwise said funds, check drafts, or Proposer’s bond substituted in lieu thereof shall be returned
to the undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth
in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under
the contract will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the specifications, the certification of nondiscrimination by contractors, and the
required insurance certificates are to be incorporated by reference into this agreement and are made
specifically as part of this RFP.
Firm________________________________________________________________________________
Signed and Printed Name: ______________________________________________________________
Title ________________________________________________________________________________
Date
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT C
PROPOSER’S STATEMENT
City of Santa Ana RFP No. 25-076A Page 29 of 36
EXHIBIT 1
CITY OF SANTA ANA
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
To the CITY OF SANTA ANA
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the Proposer
declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the proposal is genuine and not
collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other Proposer
to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or
agreed with any Proposer or anyone else to put in a sham proposal, or that anyone shall refrain from
bidding; that the Proposer has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the proposal price of the Proposer or any Proposer, or
to fix any overhead, profit, or cost element of the proposal price, or of that of any other Proposer, or to
secure any advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained in the proposal are true; and, further, that the Proposer
has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham proposal.
Note: The above non-collusion affidavit is part of the proposal. Signing this proposal on the signature
portion thereof shall also constitute signature of this non-collusion affidavit. Proposers are cautioned that
making a false certification may subject the certifier to criminal prosecution.
Signed____________________________________________________________________________
State of ________, County of __________________________________________________________
Subscribed and sworn to (or affirmed) before me on this________ day of_____________, 20____, by
________________________, proved to me on the basis of satisfactory evidence to be the person(s)
who appeared before me.
________________________
Notary Public Signature Notary Public Seal
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT D
NON-COLLUSION AFFIDAVIT
City of Santa Ana RFP No. 25-076A Page 30 of 36
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CITY OF SANTA ANA
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or
her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in
conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts, which exceed
$100,000 and that all such subrecipients shall certify and disclose accordingly.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT E
NON-LOBBYING CERTIFICATION
City of Santa Ana RFP No. 25-076A Page 31 of 36
EXHIBIT 1
CITY OF SANTA ANA
The undersigned consultant or corporate officer, during the performance of this contract, certifies as
follows:
1. The Consultant shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that
applicants are employed, and that employees are treated during employment without, regard to their
race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of
the Consultant, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or workers’ representatives of the Consultant’s commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his/her books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules,
regulations, and orders.
1. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or
with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or
suspended in whole or in part and the Consultant may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulations, or order of the Secretary of Labor, or as otherwise provided by law.
2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and
the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract
ATTACHMENT F
NON-DISCRIMINATION CERTIFICATION
City of Santa Ana RFP No. 25-076A Page 32 of 36
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CITY OF SANTA ANA
or purchase order as the administering agency may direct as means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the event the Consultant becomes
involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction
by the administering agency, the Consultant may request that the United States enter into such
litigation to protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as
amended, no discrimination shall be made in the employment of persons upon public works because
of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital
status, or sex of such persons, except as provided in Section 1420, and any consultant of public
works violating this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
City of Santa Ana RFP No. 25-076A Page 33 of 36
EXHIBIT 1
CITY OF SANTA ANA
On April 4, 2022, the federal government stopped using the DUNS Number to uniquely identify entities.
Now, entities doing business with the federal government use the Unique Entity ID created in SAM.gov.
They no longer have to go to a third-party website to obtain their identifier. This transition allows the
government to streamline the entity identification and validation process, making it easier and less
burdensome for entities to do business with the federal government.
This RFP includes federal funding, and as such, the proposer must provide verification of their SAM.gov
UEI and registration status. Please attach your entity’s registration from SAM.gov, including UEI and
active registration status.
Proposer’s UEI:_______________________________________________
SAM.gov Registration Expiration Date:_____________________________
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT G
SAM.GOV UEI VERIFICATION
City of Santa Ana RFP No. 25-076A Page 34 of 36
EXHIBIT 1
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, as amended,
Nonprocurement Debarment and Suspension, 2 CFR Part 2998, Subpart C, Responsibilities of
Participants Regarding Transactions. The regulations were published as Part VII of the May 26, 1988,
Federal Register (Pages 19160-19211), and as subsequently amended in 81 Federal Register 25585.
(Before completing certification, read instructions which are an integral part of certification)
1.Pursuant to 2 CFR 180.335, the prospective primary participant, (i.e. grantee) certifies to the best of
its knowledge and belief, that it and its principals:
a. Are not presently excluded or disqualified;
b. Have not been convicted within the preceding three years of any of the offenses listed in 2
CFR 180.800(a) or had a civil judgment rendered against them for one of those offenses within
that time period.
c. Are not presently indicted for or otherwise criminally or civilly charged by a government
entity (Federal, State or local) with commission of any of the offenses listed in 2 CFR 180.800(a);
and
d. Have not had one or more public transactions (Federal, State or local) terminated within the
preceding three years for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Consultant
Name and Title of Official Authorized to Certify
On Behalf of the Consultant
_______________________________________
Date
ATTACHMENT H
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION
City of Santa Ana RFP No. 25-076A Page 35 of 36
EXHIBIT 1
INSTRUCTION FOR CERTIFICATION
1.By signing and submitting this proposal, the prospective recipient of Federal assistance funds is
providing the certification as set out below.
2.The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective recipient of
Federal assistance funds knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the Department of Labor (DOL) may pursue available
remedies, including suspension and/or debarment.
3.The prospective recipient of Federal assistance funds shall provide immediate written notice to the
person to which this proposal is submitted if at any time the prospective recipient of Federal
assistance funds learns that its certification was erroneous whom submitted or has become
erroneous by reason of changed circumstances.
4.The terms “covered transaction”, “debarment”, “suspension”, “disqualified,” “ineligible”, “lower tier
covered transaction”, “participant”, “person”, “primary covered transaction”, “principal”,
“proposal”, and “voluntarily excluded”, as used in this cause, have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact
the person to whom this proposal is submitted for assistance in obtaining a copy of those
regulations.
5.The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, disqualified, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by the DOL.
6.The prospective recipient of Federal assistance funds agrees by submitting this proposal, that it will
include the clause title “Certification Regarding Debarment, Suspension, Ineligible, or voluntarily
excluded from the covered transaction” unless it knows that the certification is erroneous.
7.Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
8.Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the DOL may pursue available
remedies, including suspension and/or debarment.
ATTACHMENT H (cont.)
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION
City of Santa Ana RFP No. 25-076A Page 36 of 36
EXHIBIT 1
AGREEMENT FOR HUD GRANT MANAGEMENT SERVICES
BETWEEN MDG ASSOCIATES, INC. AND THE CITY OF SANTA ANA
THIS AGREEMENT, made and entered into this 19th day of August, 2025, by and
between MDG Associates, Inc., a California corporation (hereinafter "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 ("City").
RECITALS
A.On May 7, 2025, the City issued a Request for Proposal No. 25-076A ("RFP"), by
which it sought an experienced consultant to provide comprehensive financial, grant
monitoring, administrative and technical support services for federally funded
subrecipient programs through the United States Department of Housing and Urban
Development ("HUD"), including the Community Development Block Grant
("CDBG"), HOME Investment Partnership Program ("HOME"), and Emergency
Solutions Grant ("ESG"), during the 2025-2026 Fiscal Year.
B.Consultant submitted a resp onsive proposal that was selected by the City. Consultant
represents that it is able and willing to provide services described in the scope of
work that was included in the RFP. The RFP is referenced herein as if incorporated
in full.
C.In undertaldng the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and condi tions hereinafter set forth, the parties agree as follows:
1.SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required to fully and
adequately complete the services described and as set forth in Scope of Services -Exhibit A
attached hereto and incorporated herein.
2.COMPENSATION
a.The City agrees to pay, the Consultant agrees to accept as total payment for its
services for City, the rates and charges identified in Compensation -Exhibit B. The total
amount to be expended during the term of this Agreement shall not exceed $100,000 per year,
which includes $300,000 for the entire term of the Agreement.
Page 1 of 9
EXHIBIT 2
b.Payment by City shall be made within forty-five (45) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. City and Consultant
agree that all payments due and owning under this Agreement shall be made through Automated
Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor
Payment Authorization and provide required documentation. Upon verification of the data
provided, the City will be authorized to deposit payments directly into Consultant's account(s)
with financial institutions. Payment need not be made for work which fails to meet the standards
of performance set forth in the Recitals and Scope of Work, which may reasonably be expected
by City.
3.TERM
This Agreement shall commence on the date first written above and terminate on June 30,
2028, unless terminated earlier in accordance with Section 15, below. The Term of this
Agreement may be extended by a writing executed by the City Manager and the City Attorney.
4.INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries
and wages, employer's social security taxes, une mployment insurance and similar taxes relating
to employees and shall be responsible for all applicable withholding taxes.
5.OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, de signs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, in cluding but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared
or caused to be prepared by Consultant under this Agreement ("Documents & Data").
Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive
and perpetual license for any Documents & Data the subcontractor prepares under this
Agreement. Consultant represents and warrants that Consultant has the legal right to license any
and all Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
Page 2 of 9
EXHIBIT 2
6.INSURANCE
Insurance requirements are attached hereto as Exhibit C.
7.INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold hannless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (I) for
personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of
claims for personal injury, including death, and claims for property damage, which may arise
from the negligent operations of the Consultant, its subcontractors, agents, employees, or other
persons acting on its behalf which relates to the services described in section 1 of this
Agreement; and (2) from any claim that personal injury, 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 hannless agreement applies to all claims for damages, just
compensation, restitution, judicial or eq uitable relief suffered, or alleged to have been suffered,
by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
from this Agreement. The. Consultant further agrees to indemnify, hold harmless, and pay all
costs for the defense of the City, including 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 personal or property rights arises by reason of the terms of, or effects arising from this
Agreement. City may make all reasonable decisions with respect to its representation in any
legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject
to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by
Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Consultant.
8.INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents,
representatives, and employees against any and all liability, including costs, for infringement of
any United States' letters patent, trademark, or copyright infringement, including costs,
contai ned in the work product or documents provided by Consultant to the City pursuant to this
Agreement.
9.RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
Page 3 of 9
EXHIBIT 2
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of
all work, data, documents, proceedings, and activities related to this Agreement for a period of
three (3) years from the date of final payment to Consultant under this Agreement.
10.CONFIDENTIALITY
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 Agreement,
and further agrees to exer cise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confide ntial Information" shall
include all nonpublic information. Confidential infor mation includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; ( c) is in rightful
possession of the Consu ltant without an obligation of confidentiality; ( d) is required to be
disclosed by oper ation of law; or ( e) is independently developed by the Consultant without
reference to information disclosed by the City.
11.CONFLICT OF INTEREST CLAUSE
a.Consultant covenants that it presently has no interests and shall not have interests,
direct or indirect, which would conflict in any manner with pe1formance of services
specified under this Agreement.
b.No innnediate family members of either the Mayor, City Council Member, or any
appointed City Official, including appointed board and connnission mem bers, as
defined under the City's Municipal Code, whose position with the City shall award or
influence the award of this Agreement, or any competing contract or amendment
thereof, shall be employed in any capacity by the Consultant or have any other direct
or indirect financial benefit or interest in this Agreement.
c.The section also prohibits the awarding of any agreement, contract, grant, or any
amendment to those awards, to any former full-time employee for one-year from date
of employee separation except for any CalPERS retiree as authorized by City Council
resolution
d.The Consultant must comply with all conflict of interest laws, ordinances, and
regulations now in effect or hereafter to be enacted during the term of this
Agreement. The Consultant warrants that it is not now aware of any facts which
Page 4 of 9
EXHIBIT 2
conflict with the prohibitions defined above. If the Consultant hereafter becomes
aware of any facts that might reasonably be expected to create a conflict of interest, it
must immediately make full written disclosure of such facts to the City. Full written
disclosure must include, but is not limited to, identification of all persons implicated
and a complete description of all relevant circumstances. Failure to comply with the
provisions of this paragraph will be a material breach of this Agreement.
e.Consultant covenants that none of its directors, officers, employees, or agents shall
participate in selecting or administrating any subcontract supported (in whole or in
part) by City funds stemming from the Agreement where the awarding of the
subcontract has any direct or indirect financial benefit or interest to any individual, as
defined in subsections (b) and ( c) above.
12.NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under
this Agreement. Consultant affirms that it is an equal opportunity 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 all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in ad dition to, the terms and conditions hereof, shall not bind or obligate Consultant or
the City. Each party to this Agreement acknowle dges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which is not embodied herein.
14.ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assi gmnent, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agree ment performed by City personnel or by other Consultants retained by City.
Page 5 of 9
EXHIBIT 2
15.TERMINATION
This Agreement may be te1minated by the City upon thirty (30) days written notice oftermination. In such event, Consultant shall be entitled to receive and the City shall pay
Consultant compensation for all services performed by Consultant prior to receipt of such notice
of termination, subject to the fo11owing conditions:
a.As a condition of such payment, the Executive Director 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 consents to the City's 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 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 unless it is in writing and signed
by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or
right, or remedy sha11 be deemed a waiver of any other breach, failure, right or remedy, whether
or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17.VENUE/JURISDICTION
This Agreement 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 determined and governed by the laws of the State of California. Both parties further
ag ree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
18.PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
pennits, approvals, waivers, and exempt-ions necessary 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 Santa Ana and all other governmental agencies. Consultant shall notify the City
immediately and 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.
Page 6 of 9
EXHIBIT 2
19.VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall not void or affect
the validity of any other provision of this Agreement.
20.NOTICE
Any notice, tender, demand, delivery, or other communication 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, or sent by facsimile or other telegraphic
communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702-1988
Facsimile (714) 647-6956
With courtesy copies to:
Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702-1988
Facsimile (714) 647-6549
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Facsimile (714) 647-6515
To Consultant:
MDG Associates, Inc.
I 0722 Arrow Route, Suite 822
Rancho Cucamonga, California 91730
Phone: (909) 476-9696
Page 7 of 9
EXHIBIT 2
Facsimile: (909) 476-6086
21.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 fully, including reasonable costs and
attorney's fees, 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.
b.All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
[signature page to follow]
Page 8 of 9
EXHIBIT 2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ATTEST:
JENNIFER HALL
City Cl erk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:Uitcwc. (}JJ tlt,4_ � -�
ANDREA GARCIA-MILLER
Assistant City Attorney
RECOMMENDED FO
::,C
VAL:
�MICHAELLGARCIA
Executive Director
Community Development Agency
CITY OF SANT A ANA
Alvaro Nunez
City Manager
CONSULTANT
MDG Associates, Inc.
B�
RudyMufio'
President
UEI#: TCUDX2G9CMT3
Page 9 of 9
EXHIBIT 2
EXHIBIT A
SCOPE OF SERVICES
EXHIBIT 2
CITY OF SANTA ANA
EXHIBIT I
SCOPE OF SERVICES
Consultant shall perform services as set forth below.
General Responsibilities of the Consultant
Consultant will provide select monitoring and technical support services, as well as administrative
services for the City of Santa Ana's CDBG, HOME, and ESG Programs. The technical assistance and
administrative services will be on-call for any forms of assistance or service related to these grant
programs. This means the consultant may be required to administer or manage any form or part of the
CDBG, HOME, and ESG Programs at any point-in-time on behalf of the City. These services also
apply to the close-out and transfer of one-time grants for the Neighborhood Stabilization Program (NSP
1, 2 & 3).
These services also include the City's Citizen Participation Plan Review, Language Access Plan
Update, Consolidated Plan and Annual Action Plans, including any public meetings, completion of the
draft Consolidate Plan and Annual Action Plans, Submission of the Consolidated Plan and Annual
Action Plans in IDIS, and Acceptance of Consolidated Plan and Annual Action Plans by HUD. This
Scope of Ser vices is not meant to be exhaustive relative to the administration or management of any
form or part of the CDBG, HOME, and ESG Programs. Amongst the services to be provided,
monitoring is highlighted below in detail as an example of the level of detail required by the Consultant:
MONITORING
Coordinate and finalize the monitoring visits directly with each sub-recipient and conclude follow up
each fiscal year no later than June 1st .
1.Monitoring Letter
Send a monitoring letter to each subrecipient requesting an appointment and indicating required
documentation to be reviewed at the onsite monitoring.
2.Hold an Entrance Conference
Hold an entrance conference onsite with the subrecipients' appropriate financial and/or program
staff immediately before the monitoring to ensure that all subrecipient staff have a clear
understanding of the purpose, scope and schedule of the monitoring.
3.Review Financial and/or Program Documents
Utilize applicable HUD Forms from CPD Monitoring Handbook for Subrecipient Oversight for
CDBG, ESG, and HOME or any other forms that Consultant deems acceptable for monitoring
standards. Proposed forms are to be submitted for review to the City for preapproval by the City
for use.
4.Hold an Exit Conference
Meet with key representatives of the subrecipient organization to: 1) present preliminary results
of the monitoring visit; 2) provide an opportunity for the subrecipient to correct any
misconceptions or misunderstandings; 3) secure additional information from subrecipient staff to
clarify or support their position; and 4) provide an opportunity for subrecipient staff to report on
steps they are already taking to correct the matter.
City of Santa Ana RFP No. 25-076A Page 17 of 36
EXHIBIT 2
CITY OF SANTA ANA
5.Draft Monitoring Letter for City's Review
Draft a monitoring letter to subrecipient for the City's review after the monitoring visit. Letter
should include observations, concerns, findings, recommended actions and/or corrective
actions.
6.Follow-Up
Follow-up on outstanding corrective actions and draft final monitoring close-out letter for the
City's review.
MONITORING STANDARDS
All monitoring activities conducted under this engagement shall adhere to the standards and
requirements set forth in the Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (commonly referred to as Uniform Guidance), codified at 2 CFR Part
200.
The consultant is expected to perform monitoring in a manner consistent with the principles of
accountability, transparency, and risk-based oversight. This includes, but is not limited to, the following
key components:
1.Compliance with Federal Regulations: All activities must align with the compliance
requirements outlined in 2 CFR 200, including Subpart D (Post Federal Award Requirements)
and Subpart F (Audit Requirements), ensuring that subrecipients use federal funds for allowable
and eligible purposes.
2.Internal Control Evaluation: The consultant must assess the effectiveness of each
subrecipient's internal control systems in relation to financial management, procurement
practices, and programmatic operations, as described in 2 CFR §200.303.
3.Risk Assessment: Monitoring shall include a documented risk-based approach to determine
the appropriate level of oversight for each subrecipient, consistent with the guidance in 2 CFR
§200.331(b). This includes evaluating prior performance, financial stability, and the complexity
of funded activi ties.
4.Performance and Financial Monitoring: The consultant will verify that programmatic goals are
being met and that financial reporting, cost allocations, and expenditures conform to applicable
federal guidelines and the specific terms and conditions of each sub-award.
5.Corrective Actions and Technical Assistance: If deficiencies are identified, the consultant
shall provide clear recommendations for corrective action and, where appropriate, offer
technical assistance to ensure timely and effective remediation.
6.Documentation and Reporting: All monitoring findings, recommendations, and follow-up
actions must be thoroughly documented in accordance with 2 CFR §200.334 (Retention
Requirements for Records), and submitted in a timely manner to City staff for review.
These monitoring standards are designed to safeguard federal funds, support program integrity, and
en sure the City of Santa Ana and its subrecipients maintain compliance with all applicable laws and
regulations.
City of Santa Ana RFP No. 25-076A Page 18 of 36
EXHIBIT 2
CITY OF SANT A ANA
The monitoring will include second quarter billings and performance for fiscal year 2025-2026.
City of Santa Ana RFP No. 25-076A Page 19 of 36
EXHIBIT 2
EXHIBITB COMPENSATION EXHIBIT 2
MDG Associates, Inc., is pleased to submit a cost proposal to provide the City of Santa Ana with the
services outlined in the Request for Qualifications for U.S. Department of Housing and Urban
Development (HUD) Grant Management Services. Our proposed pricing structure consists of a
combination of fixed lump sum fees for defined tasks and hourly rates for as-needed or variable
services. This blended approach is intended to provide the City with predictable costs for core
activities while maintaining flexibility to address specialized or unanticipated needs. Details are
provided in Table 1 below.
..... ---111.1■1■1••· !.l•-�•· • • ·-
Table 1: Lump Sum Items
--•n • :11
Program and Financial monitoring of up to five (5) Community Development Block Grant sub-
recipients providing fair housing and/or public services.
Financial monitoring of up to three (3) Emergency Solutions Grant sub-recipients. Two sub-
recipients provide one activity and one subrecipient provides three activities
Project monitoring of two {2) Community Development Block Grant capital improvement
projects.
Financial monitoring of two (2) HOME projects
----------- ---,.,·Ja,1 ,1.1rw_1P1, -"'---"'1 -"1t:•••.,�•,-.]·�-•1L�!lll.!lll -
Monitoring -Sub Total:
Technical support to enhance project documents and reporting documents for compliance
with all applicable regulations
- -1 .... 1111, .... 111111 ·-. -
$16,150
$9,450
$6,450
$22,160
$54,210
�
To be billed
hourly*
*Due to unknown level of need and subject matter, we are proposing to bill the technical assistance
(TA) on an hourly basis. If requested, MDG can provide a budget for each TA assignment requested
by the City.
Note that MDGs' lump sum prices will increase at a rate of 2.5% annually should the City exercise
its option to extend the contract. The hourly rates for the technical assistance component will also
increase annually as provided in Table 2 below.
-------------------------------------------(115 ------
EXHIBIT 2
•=-111111�
Table 3: Rate Schedule - 5 Year Schedule
(Hourly Rates)
!;.OU w
i".lt)"I---...... t-. .lty.1-.,.....�.
!.&I
p.,fl),I• ... ;:::::-
President/Sr. Exec. Vice-President $175.00 $179.00 $184.00
Vice-President $164.00 $169.00 $173.00
Director $154.00 $158.00 $162.00
Deputy Director $139.00 $142.00 $146.00
Manager $123.00 $127.00 $130.00
Senior Associate $111.00 $114.00 $117.00
Associate $100.00 $103.00 $106.00
Senior Analyst $82.00 $84.00 $86.00
Analyst $77.00 $79.00 $81.00
Secretary $54.00 $56.00 $58.00
**Program year is defined as July 1 to June 30 of the following year.
I.ti 00 ....i,111'..--�;1 i'.lt)'_J;,..,,-1,..•
$188.00 $193.00
$178.00 $183.00
$166.00 $171.00
$150.00 $154.00
$134.00 $138.00
$120.00 $123.00
$109.00 $112.00
$89.00 $92.00
$83.00 $86.00
$60.00 $62.00
--------------------------------------------4' 16 ------
EXHIBIT 2
EXHIBITC
INSURANCE REQUIREMENTS
EXHIBIT 2
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall
require any subcontractors to obtain and maintain insurance as des cribed below for the entire Term of
this Agreement against claims for injuries to persons or damage to property which may arise from or in
connection with services, products and materials supplied to City. Total cost of such insurance shall be
borne by Consultant.
MINIMUM SCOPE AND LIMIT OF INSURANCE
1.Commercial General Liability (CGL): Insurance Services Office Form CG 00 0lcovering CGL on an
"occurrence" basis, including products and completed operations, property damage, bodily
injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and
$2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess
insurance policies.
2.Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with
limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain
commercial automobile liability insurance, City will accept evidence of personal automobile
insurance.
3.Workers' Compensation: as required by the State of California, with Statutory Limits, and
Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or
employee, for bodily injury or disease. Coverage is not required if Consultant has no employees
and signs request to waive such insurance.
4.Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim,
and $1,000,000 aggregate.
If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each
line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the
higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to City.
Other insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following provisions:
1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered
as additional insureds, under Consultant's CGL and Automobile Liability policies, with respect to
any liability arising out of work or operations performed by or on behalf of the Consultant
including materials, parts, equipment, and personnel furnished in connection with such work or
operations.
2.Consultant's Insurance company(ies) agrees to waive ail rights of subrogation against City, its
City Council, its officers, officials, employees, agents, and volunteers for losses paid under the
terms of any policy which arise from work performed by Consultant under this Agreement.
3.For any claims related to this Agreement, Consultant's insurance coverage shall be primary and
any insurance maintained by City, its City Council, its officers, officials, employees, agents, or
volunteers shall not contribute with it.
EXHIBIT 2
4.A severability of interest provision must apply for all the additional insureds, ensuring that
Consultant's insurance shall apply separately to each insured against whom a claim is made or
suit is brought, except with respect to the insurer's limits of liability.
5.Insurance policies required herein shall provide that coverage shall not be canceled, suspended,
voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed
except after thirty (30) days prior written notice has been given to City. Ten (10) days prior
written notice shall be provided to City for policy cancellation or non-renewal due to non
payment of premium.
6.Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,
Attention: Executive Director, Com munity Development Agency, 20 Civic Center Plaza, M-25,
Santa Ana, CA 92701. The name and location of project must be included in the Description of
Operations section of each certificate.
Self-Insured Retentions
Self-insured retentions must be declared to and approved 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 expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the State of California with a
current A.M. Best rating of no less than A:VII, unless otherwise acc eptable to City.
Verification of Coverage
Consultant shall furnish City with original Certificates of Insurance including all required amendatory
endorsements (or copies of the applicable policy language effecting coverage required by this clause)
and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements
before work begins. However, failure to obtain the required documents prior to the work beginning shall
not waive Consultant's obligation to provide them.
City reserves the right to require complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk,
prior experience, insurer, coverage, or other special circumstances.
EXHIBIT 2