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HomeMy WebLinkAboutE-04 Staff Report - Housing Rehab_FRJ Contract Award CDBGCONSENT ITEM E-4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: KURT CHRISTIANSEN, FAICP, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR DATE: MAY 7, 2018 SUBJECT: AWARD OF A CONTRACT FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING REHABILITATION ADMINISTRATION SERVICES TO FRJ & ASSOCIATES BACKGROUND: 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 Single Family Housing Rehabilitation Project is among the approved list of CDBG projects. A total of $185,000 in federal CDBG funds was allocated for this project. On March 5, 2018, the Azusa City Council authorized Staff to solicit proposals to seek professional administrative consulting services to implement the Single Family Housing Rehabilitation Project. Following a competitive procurement process, it is recommended that FRJ & Associates be awarded a contract to administer the City’s CDBG Single Family Housing Rehabilitation Project, in an amount not-to-exceed 20% of each housing rehabilitation grant funded, up to a maximum amount of $35,000 for FY 2018-2019. RECOMMENDATION: Staff recommends the City Council take the following actions: 1)Award a professional services agreement in an amount not-to-exceed 20% of each housing rehabilitation grant funded, up to a maximum amount of $35,000, to administer the City's Single Family Housing Rehabilitation Project beginning July 1, 2018 through June 30, 2019 and, for up to an additional two consecutive years upon annual renewal; and 2)Authorize the City Manager to execute a professional services agreement, in a form acceptable to the City Attorney, on behalf of the City. APPROVED CITY COUNCIL 5/7/2018 Community Development Block Grant Program Housing Rehabilitation Project Award of Professional Services Agreement May 7, 2018 Page 2 ANALYSIS: The City’s Single Family Housing Rehabilitation Project has been in existence for over twenty-five years. Eligible low- and moderate-income residents of Azusa receive CDBG funding, up to a maximum grant amount of $12,000, to complete minor home repairs that correct health and safety code violations, including roof replacement, plumbing, electrical repairs and painting. CDBG funds are provided based on the income eligibility of each applicant. The Housing Rehabilitation consultant is responsible for determining applicant eligibility, preparing work specifications, cost estimates, providing inspection and construction management services, and preparing and maintaining all required CDBG Housing Rehabilitation documentation. Additionally, the Housing Rehabilitation consultant reviews and revises, as necessary, Housing Rehabilitation policy guidelines and marketing materials. A Request for Proposals (RFP) to administer the City’s Single Family Housing Rehabilitation Project was released on March 8, 2018. The RFP was distributed to several qualified firms experienced in the administration of federally-funded housing rehabilitation programs. The deadline to receive proposals was April 5, 2018. Two proposals were received. The proposals received were from: • FRJ & Associates • Avant Garde The standard allowable administration rate for a CDBG-funded housing rehabilitation project is up to 20% of each eligible grant awarded (Delivery Rate). For FY 2018-2019, the City anticipates awarding approximately 12 to 14 housing rehabilitation grants to eligible Azusa low and moderate-income homeowners. A professional services agreement with a qualified consultant, in an amount not to exceed $35,000, to administer the City’s Single Family Housing Rehabilitation Program, will fall within the range of the standard 20% administrative services fee. Both FRJ & Associates and Avant Garde submitted proposals with a not-to-exceed amount of 20% per housing rehabilitation grant amount awarded. Although Avant Garde is qualified to provide housing rehabilitation consulting services, FRJ & Associates is well established in the City of Azusa, having administered the City’s Single Family Housing Rehabilitation Project for more than twenty years. FRJ & Associates consistently provides an excellent level of service, including dedicated bilingual staff, and on-call availability when not on site. FRJ & Associates maintain weekly office hours at the City of Azusa. FRJ & Associates are thoroughly knowledgeable of the City's building code and work closely with the Building and Community Improvement Divisions and the Azusa community to resolve health and safety violations. Thus, the selection of FRJ & Associates will allow for a seamless continuation of the current program. Community Development Block Grant Program Housing Rehabilitation Project Award of Professional Services Agreement May 7, 2018 Page 3 FISCAL IMPACT: The recommended action awards a professional services agreement to FRJ & Associates in an amount not-to-exceed $35,000, beginning July 1, 2018 through June 30, 2019, and allows for up to two one-year annual renewals for a total contract period of three (3) years, and depending upon the City’s annual CDBG allocation. This agreement will be funded with CDBG funds. Prepared by: Reviewed by: Tina Gall Kurt Christiansen, FAICP CDBG Consultant Director of Economic and Community Development Reviewed and Approved: Reviewed and Approved: Louie F. Lacasella Sergio Gonzalez Senior Management Analyst City Manager Attachments: 1) Professional Services Agreement with FRJ & Associates 2) Proposal from FRJ & Associates 1 AGREEMENT BETWEEN THE CITY OF AZUSA AND FRJ & ASSOCIATES FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SINGLE FAMILY HOUSING REHABILITATION PROGRAM THIS AGREEMENT, entered this ___day of _______, 2018, by and between the CITY OF AZUSA (herein called the “City”) and FRJ & ASSOCIATES (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 g. Advertise and update Contractor’s bid list with all pertinent information. 2 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 may 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. 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 funded, up to a maximum total annual 3 amount of $35,000 for the contract term beginning July 1, 2018 through June 30, 2019. 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 FRJ & ASSOCIATES Community and Economic Development 14110 Moonridge Drive City of Azusa Riverside, CA 92503 213 E. Foothill Boulevard PH: (951) 288-3805 Azusa, CA 91702 EMAIL: vmossconsultant@yahoo.com PH: (626) 812-5236 kchristiansen@ci.azusa.ca.us 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. 4 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. 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 5 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 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 6 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: 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 7 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: 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 8 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. 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 9 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. 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. 10 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. 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 11 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. 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- 12 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. 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. 13 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 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: 14 · 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. 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. 15 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. 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. 16 Date: Sergio Gonzalez, City Manager City of Azusa Date: __ FRJ & Associates, CONSULTANT Attest: Jeffrey Lawrence Cornejo, Jr., City Clerk