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Adams Ashby Group - CDBG Consultant (2018) - Amendment No. 3THIRD AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN THE CITY OF GILROY AND ADAMS ASHBY GROUP FOR ON CALL SERVICES WHEREAS, the City of Gilroy, a municipal corporation ("City"), and Adams Ashby Group, Inc. entered into that certain agreement entitled "Agreement for Services", effective on April 1, 2018, hereinafter referred to as "Original Agreement"; and WHEREAS, City and Adams Ashby Group, Inc. have determined it is in their mutual interest to amend certain terms of the Original Agreement. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. The first paragraph of Article 1 ("Term of Agreement") of the Original Agreement shall be amended to read as follows: "This Agreement will become effective on April 1, 2018 and will continue in effect through September 30, 2020 unless terminated in accordance with the provisions of Article 7 of this Agreement." 2. Article 4 ("Compensation"), Section A ("Consideration") of the Original Agreement shall be amended to read as follows: "In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit "D" ("Payment Schedule"). In no event however shall the total compensation paid to CONSULTANT exceed $96,575." 3. Exhibit `B" ("Scope of Services") of the Original Agreement and subsequent amendments is hereby replaced with the attached Exhibit `B". 4. Exhibit "C" ("Milestone Schedule") of the Original Agreement and subsequent amendments is hereby replaced with the attached Exhibit "C". 5. Exhibit "D" ("Payment Schedule") of the Original Agreement and subsequent amendments is hereby replaced with the attached Exhibit "D". 6. This Amendment shall be effective on January 1, 2020. 7. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control. 8. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below. 4845-8215-5540v1 MDOLINGER104706083 _ 1 _ CITY OF GILROY ADAMS ASHBY GROUP, INC. By: - - =— By. [signature] [employee name] �� fli��rnirliSl fril"t)� [title/department] Date: ; /(7/70 -,-,0 Date t Approved as to Form City Attorney 0 T: Cy erk [signature] Paul Ashby [name] Principal [title] Z 7 Z 0/ 9 4845-8215-5540v1 _2_ MDOLINGER104706083 EXHIBIT "B" SCOPE OF SERVICES CDBG Administrative Support Scope of Work 1. NOFA Process — Grant Allocation and Program Income a. Prepare Annual NOFA b. Project Review C. Review Projects for threshold/national objective requirements d. Analyze funding limits e. Meetings with City staff and/or Non -Profit Staff to review NOFA / Applications 2. Reporting a. Prepare Quarterly Reports to HUD b. Prepare Section 3 and Labor Standards Reports (once designated in HUD system which is currently in process) c. Prepare and Submit CAPER due 9/30 each year 3. Consolidated Plan / Annual Action Plan a. Develop 2020-2024 Consolidated Plan which will also serve as the first -year action plan — to include: executive summary, housing & homeless needs assessment, housing and market analysis, five-year strategic plan, impediments to fair housing and strategic plan b. Citizen Participation Planning 4. Assist in project closeout and flagged items in IDIS when identified 5. Environmental Review for NEPA a. Prepare Environmental Review Record for projects/programs that receive funding each year, including exempt and categorically excluded projects. This does not include full Environmental Assessments should a project require such an in-depth review. 6. Program Income / Revolving Loan Fund Support a. Assist County staff in managing program income funds and expending funds to meeting HUD expenditure ratios. b. Assist in tracking program income and receipts, and obligating dollars to projects as necessary 7. Labor Standards a. Provide Davis Bacon Information to contractors and subcontractors b. Attend Pre -Construction Conference c. Review Certified Payroll d. Conduct on -site Employee Interviews e. Labor Standards Reporting 8. Other Items as Identified by the City a. Entitlement Recertification Process b. Attend Meetings on an As -Needed Basis c. Correspondence with HUD 4845-8215-55400 MDOLINGER104706083 -3- 9. Sub -Recipient Monitoring and Training a. Develop monitoring plan, schedule and risk assessment tool b. Training for new awardees identified in current action plan CITY Obligations CITY will agree to provide access to IDIS, all documents, contacts, and information necessary to complete the tasks identified. Staff will be available to answer questions and participate in training as scheduled. It is imperative that a dedicated staff person at the CITY support this program, be the "go to" for questions/assistance and provide the public with a "face" to the Program. 4845-8215-5540v1 _4_ MDOLINGER104706083 EXHIBIT "C" MILESTONE SCHEDULE All work by the CONSULTANT, as stated in Exhibit `B" ("Scope of Services"), will be performed as needed under the flat rate/monthly fee set forth in Exhibit "D" ("Payment Schedule"). CONSULTANT will coordinate with the CITY to identify deadlines for tasks and reports to ensure that all deadlines for work within the CONSULTANT's scope of services are met. 4845-8215-55400 5 MDOLINGER104706083 EXHIBIT "D" PAYMENT SCHEDULE The goal of the CONSULTANT is to utilize a portion of general administration dollars (20% cap) to cover these services, while still leaving enough monies to assist and support the CDBG program at the CITY level. Effective July 1, 2019, Hourly Rates for CONSULTANT will be as follows: Principal $125.00 Inspector Staff $85.00 Associate Staff $65.00 CONSULTANT will bill at a flat rate/monthly fee of $5,500 for a nine month period effective January 1, 2020. Staff would be available to meet on site when necessary, but no more than Ix per month based on the distance between our offices. Should more days be needed on site than we would propose to add that to our billings at a time and material basis, based on the hourly rates above. 4845-8215-55400 _6_ MDOLINGER104706083