HomeMy WebLinkAboutE-6 Staff Report - 601168-18 Housing Rehabilitation CDBG
CONSENT ITEM
E-6
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: DON PENMAN, INTERIM CITY MANAGER
FROM: KURT E. CHRISTIANSEN, FAICP, DIRECTOR OF ECONOMIC AND
COMMUNITY DEVLOPMENT
DATE: MARCH 5, 2018
SUBJECT: AUTHORIZATION TO SOLICIT PROPOSALS TO PROVIDE PROFESSIONAL
SERVICES FOR THE CITY OF AZUSA COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDED HOUSING REHABILITATION PROGRAM [(COMMUNITY
DEVELOPMENT BLOCK GRANT PROJECT (CDBG) 601168-18]
SUMMARY:
The City of Azusa provides a Housing Rehabilitation Program, funded through the federal Community
Development Block Grant (CDBG) Program through the County of Los Angeles. The City’s Housing
Rehabilitation Program is implemented by an outside consulting firm, hired by the City. The County of
Los Angeles Community Development Commission (CDC) requires the City to conduct a competitive
procurement process every three (3) years for ongoing housing rehabilitation program administration
and management consulting services. This action will authorize Staff to solicit proposals from qualified
housing rehabilitation firms to provide professional consulting services beginning July 1, 2018 through
June 30, 2019. This program is fully funded using federal Community Development Block Grant
(CDBG) funds.
RECOMMENDATION:
Staff recommends the City Council take the following action:
1) Authorize Staff to solicit a Request for Proposals to provide housing rehabilitation program
administration and management consulting services for CDBG Project 601168-18, Housing
Rehabilitation beginning July 1, 2018 through June 30, 2019.
DISCUSSION:
On January 16, 2018, the Azusa City Council adopted Resolution No. 2018-C09 approving the City’s
2018-2019 Community Development Block Grant (CDBG) Program. The Azusa Housing Rehabilitation
Program was among the approved list of CDBG projects proposed for the 2018-2019 CDBG Program
Year. A total of $185,000 in federal CDBG funds were allocated for this project.
The Housing Rehabilitation Program has been successfully operating within the City of Azusa since
1985. It is fully funded through the federal Community Development Block Grant (CDBG) Program
through the Los Angeles Country Community Development Commission (CDC). The Housing
Rehabilitation Program provides grants up to $12,000 to eligible low and moderate income residents for
minor home repairs that improve the City’s housing stock and correct residential code violations.
Examples of eligible repairs and improvements may include roofing, plumbing, electrical, and energy
efficiency improvements.
The Los Angeles County Community Development Commission requires that the City conduct a
procurement process for CDBG Housing Rehabilitation Program administration and management
consulting services every three (3) years. The Housing Rehabilitation consultant is responsible for
determining applicant eligibility, preparing work specifications, cost estimates, providing inspection and
construction management services, and notary services. Additionally, the Housing Rehabilitation
consultant participates in programmatic monitoring and reviews, updates Housing Rehabilitation
Program guidelines and marketing materials.
If approved by the City Council, Staff will solicit proposals from qualified housing rehabilitation firms
to provide professional consulting services beginning July 1, 2018 through June 30, 2019. Staff will
review all proposals and may return to the City Council to award a Professional Services Agreement at a
future City Council meeting.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
Prepared by: Reviewed and Approved:
Tina Gall Kurt Christiansen, FAICP
CDBG Consultant Director of Community and Economic Development
Reviewed and Approved: Reviewed and Approved:
Louie F. Lacasella Don Penman
Senior Management Analyst Interim City Manager
Attachment:
1) Request for Proposals
1
REQUEST FOR COMPETITIVE PROPOSALS
City of Azusa
Housing Rehabilitation Program
Due by April 5, 2018
INTRODUCTION
The City of Azusa (“City”) seeks proposals from qualified firms to implement its federal Community
Development Block Grant (CDBG) Single-Family Residential Rehabilitation Program. Sealed
proposals are due by April 5, 2018, in the office of the Economic and Community Development
Department, located at 213 E. Foothill Blvd., Azusa, CA 91702.
Request for Proposals (RFP) are available at the address above or can be requested by email at
cdbg@ci.azusa.ca.us. If you have any questions, please contact Kurt Christiansen, FAICP, Director
of Economic and Community Development at (626) 812-5236.
Responses must conform to the requirements of this Request for Proposal (RFP). The City reserves
the right to waive any irregularity in any proposal or to reject any proposal. The City, on criteria
determined by the City, will select the most qualified and responsive proposing firm.
The use of the terms “firm” or “Consultant” throughout this document means: Individual Proprietor,
Partnership, Limited Liability Company, Corporation or Joint Venture.
The successful proposing firm will be required to enter into an agreement, which will include the
requirements of this RFP as well as other municipal and federal requirements. The City intends to
enter into a one-year agreement with the selected firm. The contract will be reevaluated after one
year, and the selected firm, at the sole discretion of the City, may be authorized to sign a maximum
of two, additional one-year contract extensions. By submitting a proposal, the proposing firm agrees
to all of the terms in this RFP.
The City expects, but does not guarantee, that the decision on selection of a firm will be made by the
Azusa City Council by May 1, 2018.
The Consultant will be responsible for the Single Family Housing Rehabilitation Program as briefly
described below:
FY 2018-2019 Estimated Number of Grants
Description Project Funding to be Awarded
Minor Home Repair Grants $185,000 12
The City’s Single Family Housing Rehabilitation Program is federally funded through the CDBG
Program, and subject to federal, county and City rules and regulations. Funding for this program is
subject to change, and may be funded from multiple sources. The program is defined as follows:
Attachment 1
Request for Competitive Proposals
City of Azusa Housing Rehabilitation Program
Due Date: April 5, 2018
2
1. Minor Home Repair Grants: This program provides minor home repair grants up to
$12,000 for owner-occupied single family homes, concentrating on health and safety code
repairs that arrest the physical deterioration or deteriorating conditions of properties and
neighborhoods in the City of Azusa.
It should be noted that the above program requires bilingual (English-Spanish) capabilities,
and that the selected firm will be required to provide bilingual staff.
This program may be funded from a combination of sources including federal Community
Development Block Grant and other county, state and federal funds which may be available. The
City of Azusa is a participating city under Los Angeles County Community Development
Commission (“CDC”).
The City will provide a working space, phone, computer, etc., to assist the Consultant in carrying out
contract responsibilities on-site. However, direct City staff support will be limited due to staffing
and other work program constraints. Please note that the City of Azusa is on a four (4) day ten (10)
hour work week and closed every Friday. The contract to be awarded calls for multi-year funding,
and may be renewed or extended pending performance evaluation, not to exceed a total of three (3)
years.
SCOPE OF SERVICES
The Consultant will be responsible for the following tasks:
I. Program Development and Marketing
1. Participate in the evaluation of the City's proposed program and recommend
program changes which address the City's housing needs.
2. Revise and update the City's housing program procedures manual as necessary.
3. Program marketing including the preparation of press releases, brochures, public
notices and other promotional materials. Many of these items must be prepared
in Spanish and are the responsibility of the Consultant.
4. Develop and implement new programs as requested.
5. Develop and maintain a project tracking system in order to expedite project
scheduling and monitoring, accounting, required agency reports and advertise and
update contractors bid list updating all pertinent information.
Request for Competitive Proposals
City of Azusa Housing Rehabilitation Program
Due Date: April 5, 2018
3
6. Maintain a filing system for each applicant with all necessary documentation, in
compliance with federal, City, and CDC standards.
7. Prepare monthly status reports for the City and other governmental units, and
quarterly performance reports as required by the City and CDC.
8. Meet with CDC and/or HUD representatives on behalf of the City during any
required monitoring engagements.
II. Scope of Work
The term “scope of work” described herein shall be for up to 3 years unless earlier terminated
as detailed in the Agreement for Consultant Services. The selected firm must provide staff
that is bilingual in English-Spanish, and perform the following:
MINOR HOME REPAIR GRANT PROGRAM
A. Applicant Eligibility: Pursuant to federal, state and local regulations, review client
applications to determine the Applicant’s financial and eligibility status, i.e., analyze
required tax returns, household composition, employment and earnings history, and
confirm ownership status as follows:
1. Obtain all required documents of income including; Pay stubs, Social Security,
Pensions, rent, etc.
2. Obtain title report, property profile or other proof of property ownership.
B. Preparation of Work Specifications, Cost Estimates, Inspection Services and
Construction Management.
1. Conduct property inspections to identify requested work eligibility under the
Community Development Block Grant Program Guidelines, as well as meeting
the City of Azusa’s building code and Planning Department’s requirements.
2. Prepare work write-ups, describing necessary repairs and improvements
including line item cost estimates.
3. Obtain required signatures, put out to bid, perform bid opening, evaluate bids,
etc.
4. Keep updated Contractors’ list with all eligible requirements including proof of
Request for Competitive Proposals
City of Azusa Housing Rehabilitation Program
Due Date: April 5, 2018
4
insurance, verification with the Excluded Parties Listing System, and California
Contractor’s State License Board, and the State Department of Industrial
Relations (DIR).
5. Procure Lead/Asbestos inspections and comply with findings.
6. Obtain photos for: Historic Preservation, work to be done, work in progress, and
completed improvements. Take “before and after” photos for client files.
7. Final inspection and close out project with all necessary lien releases, notices of
completion and Building Inspector’s final. Interface with the City’s Building and
Planning Divisions as necessary.
C. Prepare all required Documents and Contracts on City of Azusa-approved forms.
D. Prepare and provide (with required signatures) all payment requests to City staff,
including lien releases, change orders, and all other required documents.
PROPOSAL REQUIREMENTS
The proposal should contain the following elements:
A. Letter of Transmittal: Required to be signed by an individual authorized to bind the
proposing entity to the proposal for a period of 90 days.
B. Consultant Information: General information about the consultant, e.g., company
size, location, years in business, number of staff, contact phone and fax numbers, and e-mail
address.
C. Client References: Evidence of the Consultant's ability to administer the Housing
Rehabilitation Program with a minimum of three (3) governmental contract references for
similar services. Include the name and telephone number of the contracting officer.
D. Methodology: Provide a written detailed description of the Consultant's experience
with CDBG–funded housing programs. Cite specific projects.
E. Key Personnel: Identify specific staff that will administer this program and their role in
the overall administration. Also identify staff that will be on-site, if different from above.
Please include a resume for each staff member specified, including bilingual
background. Identify and explain that portion of the work that will be subcontracted out
if any.
Request for Competitive Proposals
City of Azusa Housing Rehabilitation Program
Due Date: April 5, 2018
5
F. MWBE: Identify if your firm is a small and minority firm, women’s business
enterprise, or labor surplus area firm.
G. Proposal Fee: Specify the consultant's hourly rate of compensation to run the entire
program or bid the program on a maximum fixed-price cost of activity delivery and general
administration per case basis, whichever is preferred. If hourly, specify the maximum
number of hours per week, and estimated hours per case, required to complete the intended
Scope of Work. As part of the contract negotiation process, the City will work with the
Consultant to determine what method of compensation will be the most cost effective for the
program services. The City may wish to establish a cap for each case to maintain cost
control for the program. Rates will remain firm for a three-year period. Fees should be in
compliance with federal regulations for activity delivery and administration of housing
rehabilitation programs.
H. Availability: Specify the days and hours to be available to complete the Scope of
Services at Azusa City Hall/Civic Center offices.
I. Conflict of Interest Statement: The Consultant shall disclose any financial,
business or other relationship with the City that may have an impact upon the outcome of the
contract. The consultant shall also list current clients who may have a financial interest in
the outcome of this contact.
J. Statement of Proposed Modifications: The City’s CDBG Professional Services
Agreement is attached as Attachment “C”. Should the Consultant have any modifications,
please provide a statement of those modifications.
SPECIAL REQUIREMENTS
The selected company will employ professional staff that is bilingual in English as well as Spanish.
The Consultant will be responsible for supplying insurance for its employees (see Attachment “A”
for required coverage), and naming the City of Azusa as additional insured. The Consultant will be
expected to be present in City offices an average minimum of 8-10 hours per week, and shall be
responsible for all transportation, required in connection with carrying out the contract services.
The City of Azusa reserves the right to refuse and reject any and all proposals at their sole discretion.
The City also reserves the right to waive minor irregularities in response to this Request for
Proposals.
Request for Competitive Proposals
City of Azusa Housing Rehabilitation Program
Due Date: April 5, 2018
6
The selected firm is required to obtain and maintain a Business License in the City of Azusa.
SELECTION PROCESS
City staff may request an interview of some or all of the proposers. The final selection and contract
approval will be made by the City Council of the City of Azusa if so determined.
EVALUATION CRITERIA
Attachment “B”, rating sheet, provides six criteria to determine the best qualified proposal. The
criteria includes the consultant’s track record, completeness of the proposal, experience with low-
mod housing, etc.
DUE DATE
Sealed proposals are due by April 5, 2018 in the office of the Economic and Community
Development Department located 213 E. Foothill Blvd, Azusa, CA 91702. If you have any
questions, please contact Kurt Christiansen, FAICP, Director of Economic and Community
Development at kchristiansen@ci.azusa.ca.us or at (626) 812-5299.
A-1
ATTACHMENT “A”
City of Azusa
Standard Insurance Provisions for Consulting Agreements
Consultant shall procure and maintain at Consultant's expense for the duration of this
Agreement from an insurance company that is admitted to write insurance in California or that has a
rating of or equivalent to A:VII by A.M. Best & Company:
a. Comprehensive general liability insurance naming the Agency, its officials,
employees and agents as additional insureds from and against claims, demands,
causes of action, expenses, costs, or liability for injury to or death of persons, or
damage to or loss of property arising out of or in any manner connected with
Consultant's operation or performance under this Agreement in an amount not less
than One Million Dollars ($1,000,000) combined single limit for each occurrence or
Two Million Dollars ($2,000,000) general aggregate.
b. Workers' Compensation insurance as required by the Labor Code of the State of
California.
c. Professional liability insurance in an amount not less than One Million Dollars
($1,000,000) aggregate combined single limit.
d. Automobile Liability in an amount not less than Five Hundred Thousand Dollars
($500,000) combined single limit per accident for bodily injury and property damage
covering owned, non-owned and hired vehicles.
Any self-insurance program of self-insured retention must be separately approved in
writing by Agency. Each insurance policy shall be endorsed to state that coverage
shall not be suspended, voided or canceled by either party except after thirty (30)
days' prior written notice to Agency, and shall be primary and not contributing to any
other insurance of self-insurance maintained by Commission.
Consultant shall deliver to Agency certificates of insurance and original
endorsements for approval as to sufficiency and form prior to the start of
performance hereunder. The certificates and endorsements for each insurance policy
shall contain the original signature of a person authorized by that insurer to bind
coverage on its behalf. Such insurance as required herein shall not be deemed to
limit Consultant's liability under this Agreement. Agency reserves the right to
require complete certified copies of all said policies at any time. Any modification or
waiver of the insurance requirements herein shall only be made with the written
approval of the Redevelopment Agency Director or designee.
B-1
ATTACHMENT “B”
Rating Sheet for Evaluating
Housing Consultant Proposals
Evaluation Factors
1. Proposal complete and meet
all requirements.
20 points
2. Firm’s track record with
other client cities
20 points
3. Experience with CDBG and
federally-funded programs
and regulations
20 points
5. Pricing
30 points
6. Small, minority, women’s
business enterprise, or labor
surplus area firm
10 points
TOTAL POINTS (possible
100)
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ATTACHMENT “C”
AGREEMENT BETWEEN THE CITY OF AZUSA
AND
CONSULTANT
FOR
CDBG PROJECT NO.
SINGLE FAMILY HOUSING REHABILITATION PROGRAM
THIS AGREEMENT, entered this ___day of _______, 2018, by and between the CITY OF AZUSA (herein
called the “City”) and CONSULTANT (herein called the “Consultant”).
WHEREAS, the City has applied for and received funds from the United States Government under Title I of
the Housing and Community Development Act of 1974, Public Law 93-383; and
WHEREAS, the City wishes to engage the Consultant to assist the City in utilizing such funds;
NOW, THEREFORE, it is agreed between the parties hereto that:
I. SCOPE OF SERVICE
A. Activities
The Consultant will be responsible for administering the federally-funded housing rehabilitation project on
behalf of the City of Azusa, entitled, “CDBG Project No. 601168-18, Single-Family Housing Rehabilitation.”
Consultant Responsibilities
The Consultant is to provide program delivery tasks associated with administration of the
aforementioned housing rehabilitation project. The Consultant will provide professional bilingual
staff and will conduct the program a minimum of one to two days per week, depending upon demand,
on location at the City of Azusa. Services will be provided as per terms of the submitted Proposal
(attached herein as Exhibit A) and as detailed below:
1. Program Development and Marketing
Provide the following services as necessary:
a. Evaluate the City's proposed housing rehabilitation program and recommend program
changes which address the City's housing needs;
b. Revise and update the City's housing rehabilitation program procedures manual;
c. Provide program marketing including the preparation of brochures, public notices
and other promotional materials, in both Spanish and English;
d. Research alternative funding options;
e. Develop and implement new programs as requested;
f. Develop and maintain project tracking systems in order to expedite project
scheduling, accounting, required reports; and
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g. Advertise and update Contractor’s bid list with all pertinent information.
2. Program Administration
a. Accept and review participant applications. Conduct preliminary interviews to
determine financial eligibility in accordance with program requirements;
b. Conduct property inspections and prepare cost estimates;
c. Obtain property profiles, title reports, termite inspections, and appraisals as necessary;
d. Prepare specifications and bid documents, and obtain competitive bids from licensed
responsible Contractors;
e. Award contracts and hold preconstruction meetings with Contractors and property
owners; prepare pre-construction memorandum for distribution to all parties;
f. Conduct final inspections and close out projects with all necessary lien releases,
notices of completion, and Building Inspector's final approval;
g. Maintain a filing system for each applicant with all necessary documentation (proof
of residency in the City of Azusa, ethnicity, household income, household size, and
any other pertinent information) in compliance with federal, Community
Development Commission, and City of Azusa standards;
h. Prepare monthly status and other reports as requested;
i. Maintain Contractor information including Contractor applications, inquiries, bid list,
insurance, complaints, and proof of advertisements.
B. Levels of Accomplishment
It is estimated that the following levels of housing rehabilitation improvements shall be completed during
Fiscal Year 2018/2019:
Activity Estimated Funding Amt. Estimated No. of Cases
Single Family Hsg. Rehab. $185,000 12
Funding for the City of Azusa’s Housing rehabilitation Program will be based on the City’s final FY 2018-
2019 CDBG allocation determined by the U.S. Department of Housing and Urban Development (HUD) and
the Los Angeles County Community Development Commission. Consultant's hours may be adjusted
according to the amount of funding available in accord with the procedures described in Section IV.A. of this
Agreement.
II. TIME OF PERFORMANCE
Services of the Consultant shall start on the 1st day of July, 2018 and end on the 30th day of June, 2019. This
is a multi-year award and this Agreement can be extended, by written amendment, up to a maximum of
two additional years for a total of three consecutive years, in accordance with Section VI. G.
Amendments, of this Agreement.
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III. PAYMENT
A. Amount of Payment
It is expressly agreed and understood that the total amount to be paid by the City of Azusa under this
Agreement will not exceed a flat fee of 20% of each grant and loan funded. Staff will provide a minimum
of 8-10 hours on-site per week, given the expected levels of accomplishments noted above. Consultant
services will be funded with CDBG funds.
B. Staffing
Consultant will provide bilingual staff proficient in administering federally-funded housing programs,
construction management, and federal regulations. Consultant will also provide support staff literate in Word,
Excel, etc., and proficient in clerical and customer service skills.
C. Terms of Payment
The City will pay Consultant monthly upon receipt and approval of billing from Consultant. Monthly billing
shall include client name, program, description of services provided, and amount charged for each client case.
Miscellaneous administrative services shall be identified by program type. Payment will be made thirty (30)
days after review and approval of submitted billing.
D. Reimbursement
In the event that the City is required to reimburse the federal government as a result of a determination, after
audit, that the Consultant has misused funds, Consultant will pay City all disallowed sums. Consultant's
obligation to reimburse City of misuse of funds shall survive the termination or expiration of this Agreement.
E. Quarterly Reviews
Consultant and City will conduct quarterly reviews to evaluate program status, delivery costs, and compliance
with budget objectives, and then make any required adjustments necessary.
IV. NOTICES
Communication and details concerning this Agreement shall be directed to the following representatives:
City Consultant
Kurt Christiansen, FAICP, Director
Community and Economic Development
City of Azusa
213 E. Foothill Boulevard
Azusa, CA 91702
PH: (626) 812-5236
kchristiansen@ci.azusa.ca.us
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V. SPECIAL CONDITIONS
The Consultant agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of
the U.S. Department of Housing and Urban Development regulations concerning Community Development
Block Grant (CDBG) and all federal regulations and policies issued pursuant to these regulations. The
Consultant further agrees to utilize funds available under this Agreement to supplement rather than supplant
funds otherwise available.
VI. GENERAL CONDITIONS
A. General Compliance
The Consultant agrees to comply with all applicable federal, state and local laws and regulations governing the
funds provided under this Agreement.
B. Independent Contractor
Nothing contained in this agreement is intended to, or will be construed in any manner, as creating or
establishing the relationship of employer/employee between the parties. The Consultant will at all times
remain an independent contractor with respect to the services to be performed under this agreement. The City
will be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical
insurance and Workers' Compensation Insurance as the Consultant is an independent Contractor.
C. Hold Harmless
The Consultant will hold harmless, defend and indemnify the City, its appointed officials, employees, agents or
volunteers from and against any and all liability, including but not limited to demands, claims, actions, suits,
charges and judgments whatsoever that arise out of the Consultant's performance or nonperformance of the
services or subject matter called for in this agreement.
D. Workers' Compensation
The Consultant will provide Workers' Compensation Insurance coverage for all employees involved in the
performance of this Agreement as required by the Labor Code of the State of California. The Consultant will
furnish City’s Representative with an insurance certificate from its Workers' Compensation insurance carrier
certifying that it carries such insurance as required by State law, including Employer's Liability of not less than
$1,000,000 per accident, and the policy will not be cancelled nor the coverage reduced during the term of this
Agreement. Such policy will be endorsed to state that thirty (30) days written notice to the City is required
prior to reduction, cancellation, termination or expiration of any kind.
E. Insurance & Bonding
The Consultant will carry sufficient insurance coverage to protect assets from loss due to theft, fraud and/or
undue physical damage, and as a minimum will purchase a blanket fidelity bond coverage for all employees in
an amount equal to cash advances from the City.
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Consultant will obtain, at its sole cost and file with the City, prior to exercising any right or performing any
obligation pursuant to this Agreement, and maintain for the period covered by this Agreement, a policy or
policies of General Public Liability, including Comprehensive General and Automobile Liability insurance, or
certificate of such insurance, satisfactory to the City Attorney of City, naming City, its officers, agents and
employees as insured or additional insured, which provides coverage not less than that provided against
liability for any and all claims and suits for damages or injuries to persons or property resulting from or arising
out of operations of Consultant, which insurance will provide coverage for both bodily injury and property
damage in not less than the following minimum amounts: One Million Dollars ($1,000,000.00) for each
occurrence for General Liability, and $1,000,000 combined single limit for Automobile Liability, or its
equivalent. Said policy will also contain a provision that no termination, cancellation or change of coverage of
insured or additional insured will be effective until thirty (30) days notice thereof has been given in writing to
the City. Consultant will give City prompt and timely notice of any claim made or suit instituted. Consultant
may procure and maintain, at its own cost and expense any additional kinds and amounts of insurance, which,
in its own judgment may be necessary. Consultant will obtain, at its sole cost and file with the City, prior to
exercising any right or performing any obligation pursuant to this Agreement, and maintain for the period
covered by this Agreement, a Blanket Honesty Bond for 100% of the amount of the Agreement.
Consultant will obtain, at its sole cost and file with the City, prior to exercising any right or performing any
obligation pursuant to this Agreement, and maintain for the period covered by this Agreement, Professional
Liability in an amount of not less than $100 million aggregate combined single limit, unless this requirement
has been waived in writing. Said policy will also contain a provision that no termination, cancellation or
change of coverage of insured or additional insured will be effective until thirty (30) days notice thereof has
been given in writing to the City.
The Consultant will comply with the bonding and insurance requirements of City. Acceptable insurance
carriers will be those admitted to write insurance in California, or carriers with a rating equivalent to A+ by
A.M. Best & Co. Carriers not admitted in California, shall be subject to LESLI list on file with the California
Department of Insurance.
F. Grantor Recognition
The Consultant will recognize the role of the grantor agency (U.S. Department of Housing and Urban
Development) in providing services through this Agreement. All activities, facilities and items utilized
pursuant to this Agreement will be prominently labeled as to funding source. In addition, the Consultant will
include a reference to the financial support provided herein in all publications made possible with funds made
available under this Agreement:
G. Amendments
City or Consultant may amend this Agreement at any time provided that such amendments make a specific
reference to this Agreement, and are executed in writing, signed by a duly authorized representative of both
organizations. Such amendments will not invalidate this Agreement or relieve or release City or Consultant
from its obligations under this Agreement.
City may, at its discretion, amend this Agreement to conform with federal, state or local governmental
guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a
change in the funding, the scope of services, or schedule of, the activities to be undertaken as part of this
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agreement, such modifications will be incorporated only by written amendment signed by both City and
Consultant.
H. Suspension or Termination
Either party may terminate this Agreement at any time by giving written notices to the other party of such
termination and specifying the effective date thereof at least 30 days before the effective date of such
termination. Partial terminations of the Scope of Service in Paragraph IA above may only be undertaken with
the prior approval of City. In the event of any termination for convenience, all finished or unfinished
documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by
Consultant under this agreement will be entitled to receive just and equitable compensation for any satisfactory
work completed on such documents or materials prior to the termination.
City may also suspend or terminate this Agreement, in whole or in part, if Consultant materially fails to comply
with any term of this Agreement or with any of the rules, regulations or provisions referred to herein; and the
City may declare the Consultant ineligible for any further participation in City contracts, in addition to other
remedies as provided by law. In the event there is probable cause to believe the Consultant is in
noncompliance with any applicable rules or regulations, the City may withhold up to fifteen (15) percent of
said Agreement funds until such time as the Consultant is found to be in compliance by the City, or is
otherwise adjudicated to be in compliance.
VII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Consultant agrees to comply with U.S. Office of Management and Budget (OMB), Guidance for
Grants and Agreements found at 2 CFR Part 200, “Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards” and agrees to adhere to the accounting
principles and procedures required therein, utilize adequate internal controls, and maintain necessary
source documentation for all costs incurred.
2. Cost Principles
The Consultant will administer its program in conformance with 2 CFR Part 200, “Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards” as
applicable, for all costs incurred whether charged on a direct or indirect basis.
B. Documentation and Record-Keeping
1. Records to be Maintained
The Consultant will maintain all records required by the Federal regulations specified in 24 CFR Part
570, Section 570.506, and that are pertinent to the activities to be funded under this Agreement. Such
records will include but not be limited to:
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a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of the National
Objectives of the CDBG program;
c. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or disposition of
real property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunity
components of the CDBG program;
f. Financial records as required by 2 CFR Part 200, “Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards”; and
g. Other records necessary to document compliance with Subpart K of 24 CFR Part
570.
2. Record Retention
The Consultant will retain all accounting records, financial records, and supporting documentation
pertinent to expenditures incurred under this Agreement for a minimum period of five (5) years after
the termination of all activities funded under this agreement, or after the resolution of all Federal audit
findings, whichever occurs later. Records for nonexpendable property acquired with funds under this
Agreement will be retained for five (5) years after final disposition of such property. Records for any
displaced person must be kept for five (5) years after he/she has received final payment.
3. Client Data
Consultant will maintain client data demonstrating client eligibility for services provided. Such data
will include, but not be limited to, client name, address, income level or other basis for determining
eligibility, and a description of services provided. Such information will be made available to City
monitors or their designees for review upon request.
4. Disclosure
The Consultant understands that client information collected under this Agreement is private and the
use or disclosure of such information, when not directly connected with the administration of the
[City's] or Consultant's responsibilities with respect to services provided under this Agreement, is
prohibited unless written consent is obtained from such person receiving service or, in the case of a
minor, that of a responsible parent/guardian, or otherwise as allowed by federal or state law.
5. Property Records
The Consultant will maintain real property inventory records which clearly identify properties
purchased, improved or sold. Properties retained will continue to meet eligibility criteria and will
conform with the 'changes in use' restrictions specified in 24 CFR Part 570, Section 570.503(b)(8).
6. National Objectives
The Consultant agrees to maintain documentation that demonstrates that the activities carried out with
funds provided under this Agreement meet one or more of the CDBG program's national objectives:
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1) Benefit low-to moderate-income persons,
2) Aid in the prevention or elimination of slums or blight,
3) Meet community development needs having a particular urgency - as defined in 24 CFR Part
570, Section 570.208.
7. Close-Outs
City close-out requirements must be completed within 30 days after expiration of this Agreement.
Activities during this close-out period will include, but are not limited to; making final payments,
disposing of program assets including the return of all unused materials, equipment, unspent cash
advances, program income balances, and receivable accounts to the City, and determining the
custodianship of records.
8. Audits & Inspections
All Consultant records with respect to any matters covered by this agreement will be made available to
the City, grantor agency, their designees or the Federal Government, at any time during normal
business hours, as often as the City or grantor agency deems necessary, to audit, examine, and make
excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully
cleared by the Consultant within 30 days after receipt by the Consultant. Failure of the Consultant to
comply with the above audit requirements will constitute a violation of this Agreement and may result
in the withholding of future payments. The Consultant hereby agrees to have an annual agency audit
conducted in accordance with current city policy concerning Consultant audits. Audit will comply
with OMB Circular 2 CFR Part 200, “Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards”.
C. Reporting and Payment Procedures
1. Budgets
The Consultant will submit a detailed contract budget of a form and content prescribed by the City for
approval by the City. The City and the Consultant may agree to revise the budget from time to time in
accordance with existing city policies.
2. Program Income
If program income is generated, the Consultant will report all program income as defined in 24 CFR
Part 570, Section 570.500(a) generated by activities carried out with CDBG funds made available
under this Agreement. The program income may be used by the Consultant during the Agreement
period for activities permitted under this Agreement and the Consultant will reduce requests for
additional funds by the amount of any such program income balances on hand. All unused program
income will be returned to the City at the end of the Agreement period. Any interest earned on cash
advances from the U.S. Treasury is not program income and will be remitted promptly to the City.
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3. Indirect Costs
If indirect costs are charged, the Consultant will develop an indirect cost allocation plan for
determining the appropriate City share of administrative costs and will submit such plan to the City for
approval prior to the execution of the Agreement.
4. Payment Procedures
The City will pay to the Consultant funds available under this Agreement based upon information
submitted by the Consultant and consistent with any approved budget and city policy concerning
payments. With the exception of certain advances, payments will be made for eligible expenses
actually incurred by the Consultant, and not to exceed actual cash requirements. Payments will be
adjusted by the City in accordance with advance fund and program income balances available in
Consultant accounts. In addition, the City reserves the right to liquid funds available under this
Agreement for costs incurred by the City on behalf of the Consultant.
D. Procurement
1. Compliance
The Consultant will comply with current city policy concerning the purchase of equipment and will
maintain an inventory of all non-expendable personal property as defined by such policy as may be
procured with funds provided herein. The policy is available upon request. Housing Rehabilitation
program assets (unexpended program income, property, equipment, etc.) will revert to the City upon
termination of this Agreement.
2. OMB Standards
The Consultant will procure materials in accordance with the requirements of 2 CFR Part 200,
“Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards” for Procurement Standards, and Property Management Standards, covering utilization and
disposal of property.
3. Travel
The Consultant will obtain written approval from the City for any travel outside the metropolitan area
with funds provided under this Agreement.
4. Relocation, Acquisition and Displacement
The Consultant agrees to comply with 24 CFR 570.606 relating to the acquisition and disposition of
all real property utilizing grant funds and to the displacement of persons, businesses, nonprofit
organizations and farms occurring as a direct result of any acquisition of real property utilizing grant
funds. The Consultant agrees to comply with applicable City Ordinances, Resolutions, and Policies
concerning displacement of individuals from their residences.
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VIII PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Consultant agrees to comply with current city and state civil rights policies and with Title VI of
the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended,
Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the
Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act
of 1975, Executive Order 11063 as amended by Executive Order 12259, and with Executive Order
11246 as amended by Executive Orders 11375 and 12086.
2. Nondiscrimination
The Consultant will not discriminate against any employee or applicant for employment because of
race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital
status, or status with regard to public assistance. The Consultant will take affirmative action to insure
that all employment practices are free from such discrimination. Such employment practices include
but are not limited to: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff, 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 by the contracting agency setting forth the
provisions of this nondiscrimination clause.
3. Land Covenants
This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88--
352) and 24 CFR 570, Part I. in regard to the sale, lease, or other transfer of land acquired, cleared or
improved with assistance provided under this Agreement. The Consultant will cause or require a
covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting
discrimination as herein defined, in the sale, lease or rental or in the use or occupancy of such land, or
in any improvements erected or to be erected thereon, providing that the City and the United States are
beneficiaries of and entitled to enforce such covenants. The Consultant in undertaking its obligation
to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce
such covenant, and will not itself so discriminate.
4. Rehabilitation Act of 1973
The Consultant agrees to comply with any federal regulations issued pursuant to compliance with
Section 504 of the Rehabilitation Act of 1973, 929 U.S.C. 706) which prohibits discrimination against
the handicapped in any federally assisted program. No otherwise qualified individual with handicaps
in the United States will, solely by reason of his or her handicap, be excluded from the participation in,
be denied the benefits of, or be subjected to discrimination under any program or activity receiving
Federal financial assistance.
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5. The Age Discrimination Act of 1975
No person in the United States will, on the basis of age, be excluded from the participation in, be
denied the benefits of, or be subjected to discrimination under any program or activity receiving
Federal financial assistance.
B. Affirmative Action
1. Approved Plan
The Consultant agrees that it will be committed to carry out pursuant to the City's specifications an
Affirmative Action Program in keeping with the principles as provided in President's Executive Order
11246 of September 24, 1965. The City will provide Affirmative Action guidelines to the Consultant
upon request to assist in the formulation of such program. The Consultant will submit a plan, if
applicable, for an Affirmative Action Program for approval prior to the award of funds.
2. W/MBE
The Consultant will use its best efforts to afford minority and women-owned business enterprises the
maximum practicable opportunity to participate in the performance of this Agreement. As used in this
Agreement, the term "minority and female business enterprise' means a business at least fifty-one (51)
percent owned and controlled by minority group members or women. For the purpose of this
definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or
Spanish-heritage Americans, Asian-Americans, and American Indians. The Consultant may rely on
written representations by Consultants regarding their status as minority and female business
enterprises in lieu of an independent investigation.
3. Access to Records
The Consultant will furnish and cause each of its Subconsultants to furnish all information and reports
required hereunder and will permit access to its books, records and accounts by the City, HUD or its
agent, or other authorized federal officials for purposes of investigation to ascertain compliance with
the rules, regulations and provisions stated herein.
4. Notifications
The Consultant will send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding, a notice, to be provided by the
agency contracting officer, advancing the labor union or worker's representative of the Consultant's
commitments hereunder, and will post copies of the notice in conspicuous places available to
employees and applicants for employment.
5. EEO/AA Statement
The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the
Consultant, state that it is an Equal Opportunity or Affirmative Action employer.
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6. Subcontract Provisions
The Consultant will include the provisions of Paragraphs VII A, Civil Rights, and B Affirmative
Action, in every subcontract or purchase order, specifically or by reference, so that such provisions
will be binding upon each Subconsultant or vendor.
C. Employment Restrictions
1. Prohibited Activity
The Consultant is prohibited from using funds provided herein or personnel employed in the
administration of the program for political activities; sectarian, or religious activities; lobbying,
political patronage, and nepotism activities. Consultant will certify that it is familiar with the
requirements of the Los Angeles County Code Chapter 2.160 (Los Angeles County Ordinance 93-
0031), and; that all persons/entities/firms acting on behalf of Consultant have and will comply with the
County Code, and; that any person/entity/firm who seeks a contract will be disqualified there from and
denied the contract and, will be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer
or any other person or entity acting on behalf of Consultant fails to comply with the provisions of the
County Code. Ordinance No. 93-0031 amending the Los Angeles County Code relating to lobbyists is
attached hereto as Attachment I and incorporated into this Agreement by reference.
2. OSHA
Where employees are engaged in activities not covered under the Occupational Safety and Health Act
of 1970, they will not be required or permitted to work, be trained, or receive services in buildings or
surroundings or under working conditions which are unsanitary, hazardous or dangerous to the
participants' health or safety.
3. Safety Standards and Accident Prevention
The Consultant will comply with all applicable federal, state and local laws governing safety, health
and sanitation. The Consultant shall provide all safeguards, safety devices and protective equipment
and take any other necessary actions, as its own responsibility, reasonably necessary to protect the life
and health of employees on the job and the safety of the public and to protect property in connection
with the performance of this Agreement. Participants employed or trained for inherently dangerous
occupations, e.g., fire or police jobs, will be assigned to work in accordance with reasonable safety
practices.
4. Labor Standards
The Consultant agrees to comply with the requirements of the Secretary of Labor in accordance with
the Davis-Bacon Act as amended, the provisions of Contract Work Hours, the Safety Standards Act,
the Copeland 'Anti-Kickback' Act (40 U.S.C. 276, 327-333) and all other applicable federal state and
local laws and regulations pertaining to labor standards insofar as those acts apply to the performance
of this Agreement. The Consultant will maintain documentation which demonstrates compliance with
hour and wages requirements of this part. Such documentation will be made available to the City for
review upon request.
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The Consultant agrees that, except with respect to the rehabilitation or construction of residential
property designed for residential use for less than eight (8) households, all contractors engaged under
contracts in excess of $2,000.00 for construction, renovation or repair of any building or work
financed in whole or in part with assistance provided under this Agreement, will comply with federal
requirements adopted by the City pertaining to such contract, will comply with federal requirements
adopted by the City pertaining to such contracts and with the applicable requirements of the
regulations of the Department of Labor, under 29 CFR, Parts 3,l 5 and 7 governing the payment of
wages and ratio of apprentices and trainees to journeymen; provided, that if wage rates higher than
those required under the regulations are imposed by state or local law, nothing hereunder is intended
to relieve the Consultant of its obligation, if any, to require payment of the higher wage. The
Consultant will cause or require to be inserted in full, in all such contracts subject to such regulations,
provisions meeting the requirements of this paragraph, for such contracts in excess of $10,000.00.
D. Conduct
1. Assignability
Consultant may not assign any portion of this Agreement without the express written consent of the
City. Any attempt by Consultant to assign any performance of the terms of this Agreement shall be
null and void and shall constitute a material breach of this Agreement, upon which the City may
immediately terminate this Agreement through the Executive Director or his/her designee.
2. Hatch Act
The Consultant agrees that no funds provided, nor personnel employed under this Agreement, will be
in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of
Title V United States Code.
3. Conflict of Interest
The Consultant agrees to abide by the provisions of 24 CFR Part 570, Section 570.611 with respect to
conflicts of interest, and covenants that it presently has no financial interest and will not acquire any
financial interest direct or indirect, which would conflict in any manner or degree with the
performance of services required under this Agreement. The Consultant further covenants that in the
performance of this Agreement no person having such a financial interest will be employed or retained
by the Consultant hereunder. The Consultant represents, warrants and agrees that to the best of its
knowledge, it does not presently have, nor will it acquire during the term of this Agreement, any
interest direct or indirect, by contract, employment or otherwise, or as a partner, joint venture or
shareholder (other than as a shareholder holding a one (1%) percent or less interest in publicly traded
companies) or affiliate with any business or business entity that has entered into any contract,
subcontract or arrangement with the City. Upon execution of this Agreement and during its term, as
appropriate, the Consultant shall, disclose in writing to the City any other contract or employment
during the term of this Agreement by any other persons, business or corporation in which employment
will or may likely develop a conflict of interest between the City’s interest and the interests of the third
parties. These conflict of interest provisions apply to any person who is an employee, agent
consultant, officer, or elected official or appointed official of the City, or of any designated public
agencies or Consultants which are receiving funds under the CDBG Entitlement program. In the
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procurement of supplies, equipment, construction and services by Consultants, the conflict of interest
provisions in 2 CFR Part 200, “Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards”, and 24 CFR 570.611, respectively, will apply. No employee,
officer or agent of the Consultant will participate in selection, or in the award or administration of a
contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.
4. Subcontracts
The requirements of this Agreement may not be subcontracted by the Consultant without the advance
approval of the City. Any attempt by the Consultant to subcontract without the prior consent of the
City may be deemed a material breach of this Agreement. If the Consultant desires to subcontract, the
Consultant shall provide the following information promptly at the City’s request:
· A description of the work to be performed by the Subcontractor;
· A draft copy of the proposed subcontract; and
· Other pertinent information and/or certifications requested by the City.
The Consultant shall indemnify and hold the City harmless with respect to the activities of each and
every Subcontractor in the same manner and to the same degree as if such Subcontractor(s) were the
Consultant’s employees. The Consultant shall remain fully responsible for all performances required
of it under this Agreement, including those that the Consultant has determined to subcontract,
notwithstanding the City’s approval of the Consultant’s proposed subcontract. The City’s consent to
subcontract shall not waive the City’s right to prior and continuing approval of any and all personnel,
including Subcontractor employees, providing services under this Agreement. The Consultant is
responsible to notify its Subcontractors of this City right. The City’s CDBG Administrator is
authorized to act for and on behalf of the City with respect to approval of any subcontract and
Subcontractor employees. After approval of the subcontract by the City, the Consultant shall forward a
fully executed subcontract to the City for their files. The Consultant shall be solely liable and
responsible for all payments or other compensation to all Subcontractors and their officers, employees,
agents, and successors in interest arising through services performed hereunder, notwithstanding the
City’s consent to subcontract. The Consultant shall obtain certificates of insurance, which establish
that the Subcontractor maintains all the programs of insurance required by the City from each
approved Subcontractor. The Consultant shall ensure delivery of all such documents to the City before
any Subcontractor employee may perform any work hereunder.
5. Copyright
If this Agreement results in any copyrightable mate" the City and/or grantor agency reserves the right
to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to
authorize others to use, the work for government purposes.
6. Religious Organization
The Consultant agrees that funds provided under this Agreement will not be used for religious
activities, to promote religious interests, or for the benefit of a religious organization in accordance
with the federal regulations specified in 24 CFR Part 570, Section 570.2000.
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7. Safely Surrendered Baby Law
a. The Consultant shall notify and provide to its employees, and shall require each
subcontractor to notify and provide to its employees, a fact sheet regarding the Safely
Surrendered Baby Law, its implementation in Los Angeles County, and where and how to
safely surrender a baby. The fact sheet is available on the Internet at www.babysafela.org.
b. The Consultant acknowledges that the County places a high priority on the
implementation of the Safely Surrendered Baby Law. The Consultant understands that it is the
County’s policy to encourage all Contractors to voluntarily post the County’s “Safely
Surrendered Baby Law” poster in a prominent position at the Consultant’s place of business.
The Consultant will also encourage its Subcontractors, if any, to post this poster in a
prominent position in the Subcontractor’s place of business. The Department of Children and
Family Services of the County of Los Angeles will supply the Consultant with the poster to be
used.
IX. ENVIRONMENTAL CONDITIONS
A. Flood Disaster Protection
The Consultant agrees to comply with the requirements of the Flood Disaster Protection Act of 1973 (P.L.-
2234) in regard to the sale, lease or other transfer of land acquired, cleared or improved under the terms of this
Agreement, as it may apply to the provisions of this Agreement.
B. Lead-Based Paint
The Consultant agrees that any construction or rehabilitation of residential structures with assistance provided
under this Agreement will be subject to HUD Lead-Based Paint Regulations at 24 CFR Part 570, Section
570.608, and 24 CFR Part 35, and in particular Sub-Part B thereof. Such regulations pertain to all HUD-
assisted housing and require that all owners, prospective owners, and tenants or properties constructed prior to
1978 be properly notified that such properties may include lead-based paint. Such notification will point out
the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when
dealing with lead-based paint poisoning.
C. Historic Preservation
The Consultant agrees to comply with the Historic Preservation requirements set forth in the National Historic
Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800,
Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they
apply to the performance of this Agreement.
In general this requires concurrence from the State Historic Preservation Officer for all rehabilitation and
demolition of historic properties that are fifty years old or older or that are included on a Federal, State, or local
historic property list.
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This agreement may be modified at any time by mutual consent, but such modification must be in
written form signed by the authorized representative of each party.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
Date:
City Manager
City of Azusa
Date:
CONSULTANT
Attest:
City Clerk