HomeMy WebLinkAboutE-06 - Staff Report - CDBG Senior Referral and Case ManagementCONSENT ITEM
E-6
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: KURT E. CHRISTIANSEN, FAICP, DIRECTOR OF ECONOMIC AND
COMMUNITY DEVLOPMENT
DATE: DECEMBER 17, 2018
SUBJECT: APPROVE A PROFESSIONAL SERVICES AGREEMENT TO IMPLEMENT THE
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT D96034-18,
SENIOR REFERRAL AND CASE MANAGEMENT PROJECT WITH THE YWCA
OF SAN GABRIEL VALLEY
BACKGROUND:
On September 30, 2018, Santa Anita Family Service, the provider of the City of Azusa’s Community
Development Block Grant (CDBG)-funded Senior Referral and Case Management Services ceased
operations. In order to limit interruption of services to Azusa senior adults, a proposal to provide Senior
Referral and Case Management services was solicited and received from the YWCA of San Gabriel
Valley, a California Non-Profit Corporation. The YWCA of San Gabriel Valley offered to provide
Senior Referral and Case Management services through the remainder of the current CDBG Program
Year (June 30, 2019) in the amount of $7,000. This amount is the balance of CDBG funds available
through the current fiscal year. The Agreement between the City and the YWCA of San Gabriel Valley
may also be renewed annually up to a maximum of three total CDBG Program Years, or through June
30, 2021.
RECOMMENDATION:
Staff recommends the City Council take the following actions:
1)Approve the Professional Services Agreement with YWCA of San Gabriel Valley to continue
the CDBG-funded Senior Referral and Case Management Project (D96034-18) through June
30, 2019, with an option to extend the Agreement through June 30, 2021, and;
2)Authorize the City Manager to execute the Agreement, in a form approved by the City
Attorney.
APPROVED
CITY COUNCIL
12/17/18
Azusa Public Library ADA Compliant Restroom Retrofit and Improvement Project
December 17, 2018
Page 2
ANALYSIS:
On January 16, 2018, the City Council approved the 2018-2019 Community Development Block Grant
(CDBG) Program and budget, including the Senior Referral and Case Management Project in an amount
of $10,000. On July 1, 2018 a Professional Services Agreement was executed by and between the City
of Azusa and Santa Anita Family Services to provide senior referral and case management services to
the City’s low and moderate income senior adults. The contract amount was $10,000. Santa Anita
Family Services formally notified the City of Azusa that it would cease operations, effective September
30, 2018. A balance of $7,000 remained on the existing contract.
Following the closure of Santa Anita Family Services and in order to minimize interruption of services
to Azusa’s senior adults, a proposal was solicited from the YWCA of San Gabriel Valley to provide
services through the remainder of the current CDBG Program Year, June 30, 2019. Established in 1935,
the YWCA of San Gabriel Valley is a California non-profit corporation serving the community’s needs
throughout the greater San Gabriel Valley. Currently, the YWCA of the San Gabriel Valley provides
similar senior referral and case management services to cities including Covina, West Covina,
Alhambra, and La Verne.
Through integration with other community organizations and through their own trained staff, the YWCA
of San Gabriel Valley offers comprehensive social, psychological, educational, employment and health-
related services to persons of all ages. The YWCA of San Gabriel Valley is uniquely positioned to assist
the City of Azusa with senior referral and case management services. The YWCA of San Gabriel
Valley maintains a fully trained staff that are available to provide senior adult services including
outreach, intake and screening, case assessment, planning, and monitoring. The YWCA of San Gabriel
Valley will provide services to approximately sixty (60) Azusa senior adults on-site at the Azusa Senior
Center an average of eight (8) hours weekly and four (4) hours weekly off-site at client homes through
June 30, 2019. CDBG funds totaling $7,000 will be used to pay for the salary and benefits of a YWCA
Integrated Case Manager as well as staff mileage and insurance costs. It is recommended that the term of
Agreement between the City of Azusa and the YWCA of the San Gabriel Valley be effective
immediately and may extend for two additional CDBG Program Years through June 30, 2021.
FISCAL IMPACT:
Remaining FY 2018-2019 Community Development Block Grant funds of $7,000 previously earmarked
for Santa Anita Family Services will pay for the cost of the services to be provided by the YWCA of San
Gabriel Valley through June 30, 2019. Future year CDBG funds awarded to the YWCA of San Gabriel
Valley will be determined annually and will be based upon the City’s federal CDBG funding allocation
for public service projects.
Azusa Public Library ADA Compliant Restroom Retrofit and Improvement Project
December 17, 2018
Page 2
Prepared by: Reviewed and approved:
Tina Gall Kurt Christiansen, FAICP
CDBG Consultant Director of Economic and
Community Development
Reviewed and Approved Fiscal Impact Review:
Sergio Gonzalez Talika M. Johnson
City Manager Director of Finance
Attachments:
1) Professional Services Agreement between the City of Azusa and the YWCA of San Gabriel
Valley
2) YWCA of San Gabriel Valley Application for FY 2018-2019 CDBG Funding
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AGREEMENT BETWEEN THE CITY OF AZUSA
AND
YWCA OF SAN GABRIEL VALLEY
FOR
CDBG PROJECT NO. D96034-18
SENIOR REFERRAL AND CASE MANAGEMENT
THIS AGREEMENT, entered this 20th day of December, 2018 by and between the CITY OF AZUSA (herein
called the “Grantee”) and YWCA OF SAN GABRIEL VALLEY (herein called the “Subrecipient”).
WHEREAS, the Grantee 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 Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds;
NOW, THEREFORE, it is agreed between the parties hereto that:
I.SCOPE OF SERVICE
A.Activities
The Subrecipient will be responsible for administering the Community Development Block Grant (CDBG) Project
No. D96034-18, entitled, “Senior Referral and Case Management”, in a manner satisfactory to the Grantee and
consistent with any standards required as a condition of providing these funds. Grantee’s CDBG funds will be used to
pay for salaries and benefits, and mileage reimbursement. Such program will include the following activities eligible
under the Community Development Block Grant Program:
Program Delivery
The purpose of the program is to provide care management, information and referral, and comprehensive
assessment services to the City of Azusa’s older adult population, including assistance to homebound clients,
arranging for assistance from agencies serving seniors such as the Social Security Administration, Medicare,
SSI, HUD and RSVP; and providing assistance with health care, household budgeting, proper nutrition,
welfare and employment. The program will principally benefit low to moderate income senior citizens of 55
years and older (presumed benefit group).
Subrecipient Responsibilities
Provide staff which will include a bilingual paraprofessional Integrated Care Manager who will work 1-2 days
per week at a minimum of eight (8) hours per week on-site at the Azusa Senior Center located at 740 N.
Dalton, and up to four (4) hours per week providing Azusa homebound senior residents with senior case
management and referral services as detailed in the Program Delivery section above. The CDBG-funded staff
will be required to submit weekly time sheets to the Grantee. Time sheets must be signed by the individual
worker and that worker's supervisor, and must show total overall hours worked, and total actual hours worked
on this project for each staff member funded under this program.
Subrecipient is to assure that a documentation system is in place. Documentation is to include, but is not
limited to, tracking of clients served, age and residency certifications, and hours spent providing service.
Subrecipient is also responsible for accurate and timely input of client tracking information into the Los
ATTACHMENT 1
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Angeles County Community Development Commission (LACDC) Public Service Module. Subrecipient is to
provide Comprehensive Assessment, Information and Referral, and Case Management Services and will
coordinate with other Subrecipient-offered services as funding permits, including information and assistance,
in-home services, case management and comprehensive assessment, telephone reassurance, minor home
modifications, care giver programs, care planning, service arrangements, and case monitoring for seniors with
multiple problems. Service may also include coordination of services with other agencies such as Social
Security, in-home supportive services, medical resources, etc.
B. Levels of Accomplishment
In addition to the normal administrative services required as part of this Agreement, the Subrecipient agrees to make a
good faith effort to provide the following minimum levels of program services through June 30, 2019:
Activity Total Unduplicated Individual Clients to be
Served
Sr. Referral and Case
Management
60
C. Staffing and Non-Personnel Costs
Provide a bilingual paraprofessional Integrated Care Manager who will work 1-2 days per week at a minimum of eight
(8) hours per week on-site at the Azusa Senior Center located at 740 N. Dalton, and up to four (4) hours per week
providing Azusa homebound senior residents with senior case management and referral services at $22.00 per hour
plus benefits. Payroll time sheets must be signed by the employee and the employee's supervisor, and must show total
overall hours worked, and total hours worked on this project. If the employee is a contract employee, an approved
employee contract must exist between the Subrecipient and the employee.
Additional expenses may include staff mileage not to exceed $200.00 and Liability Insurance not to exceed $300.00
through June 30, 2019. Invoices must include documentation sufficient to support mileage and insurance costs
incurred during the performance of this Agreement and in compliance with CDBG requirements.
D. Performance Monitoring
The Grantee will monitor the performance of the Subrecipient against goals and performance standards required
herein. Substandard performance as determined by the Grantee will constitute non-compliance with this agreement. If
action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time
after being notified by the Grantee, Agreement suspension or termination procedures will be initiated.
II. TIME OF PERFORMANCE
Services of the Subrecipient will start on the 20th day of December 2018, or the date of execution of this Agreement
by all parties and receipt of proof of required insurance, whichever is later, and end on the 30th day of June, 2019.
No expenses may be incurred before the start date. This Agreement will not be executed by the Grantee until the
Subrecipient has agreed that all consultants, employees, and other services that will be funded under this program will
be properly procured in accordance with the requirements of 2 CFR Part 200, Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards, and will subsequently follow 2 CFR Part 200, Subpart
D, §200.311, Property Management Standards, covering utilization and disposal of property. Furthermore, upon
mutual consent, this Agreement may be extended for up to two additional one-year terms through June 30, 2021,
depending upon the availability of federal CDBG funds and the City’s annual CDBG allocation for public service
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projects.
III. PAYMENT
A. Amount of Payment
It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement will not
exceed $7,000. CDBG funds will be used to pay for the salaries and benefits of a part-time bilingual paraprofessional
Integrated Care Manager at $22.00 per hour, plus benefits, mileage and insurance expenses. Drawdowns for the
payment of eligible expenses will be made against the line item budget specified below and in accordance with
performance. Expenses for general administration will also be paid against the line item budget specified below and
in accordance with performance. Budget line item amounts may be adjusted accordingly for purposes of performing
the program, but will not exceed the total allocation allowed.
B. Budget
Salary $5,328
Benefits $1,172
Mileage $ 200
Insurance $ 300
TOTAL $7,000
C. Terms of Payment
The City shall pay Subrecipient upon receipt of billing from Subrecipient. Billing is to be submitted by Subrecipient
in a timely manner. Billing will be monthly, and will include client information (ethnicity, economic need, etc.),
units of services provided, and actual staff hours. Time cards for each staff member, signed by the staff member
and the immediate supervisor, and payroll registers for each staff member showing salaries and benefits
charged to the City of Azusa, are to be included with each billing, and should reflect 1) total time worked on a
daily basis, and 2) specific actual hours worked for the City of Azusa program. Actual Azusa hours will be
documented by a daily activity log. Time cards/payroll hours will not be based on nor reflect percentages of the
allocated grant amount. Mileage expenses must be actual and based upon supportive documentation indicating
before-and-after odometer readings, mileage amount, and purpose and destination of trip shall be included with
billing. Insurance expenses will be actual and based upon a pro rata share for services performed under this
Agreement. All supplies and services (including insurance) purchased with CDBG funds must be competitively bid,
with at least three (3) written price quotations, copies of which must be attached to the invoice requesting payment.
Copies of invoices for reimbursement for all materials and supplies must be included when requesting reimbursement.
Payments may be contingent upon certification of the Subrecipient's financial management systems in accordance
with the standards specified in the Federal Regulations, 2 CFR Part 200, Uniform Administrative Requirements, Cost
Principles and Audit Requirements for Federal Awards.
D. Reimbursement
In the event that the Grantee is required to reimburse the federal government as a result of a determination, after audit,
that the Subrecipient has misused funds, Subrecipient will pay Grantee all disallowed sums. Subrecipient's obligation
to reimburse Grantee of misuse of funds will survive the termination or expiration of this Agreement.
IV. NOTICES
Communication and details concerning this Agreement will be directed to the following representatives:
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Grantee Subrecipient
Kurt Christiansen, FAICP, Director Ana Interiano, Interim Executive Director
Economic and Community YWCA of San Gabriel Valley
Development Department 943 N. Grand Avenue
213 E. Foothill Boulevard Covina, CA 91724
Azusa, CA 91702-1395 PH: (626) 214-9442
PH: (626) 812-5275 FAX: (626) 814-0447
FAX: (626) 334-5464 E-Mail: anai@ywcasgv.org
E-Mail: kchristiansen@ci.azusa.ca.us
V. SPECIAL CONDITIONS
The Subrecipient 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 Subrecipient further agrees
to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.
VI. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with all applicable federal, state and local laws and regulations governing the funds
provided under this Agreement. The Subrecipient 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.
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 Subrecipient will at all times remain an independent
contractor with respect to the services to be performed under this agreement. The Grantee will be exempt from
payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers'
Compensation Insurance as the Subrecipient is an independent Contractor.
C. Hold Harmless
The Subrecipient will hold harmless, defend and indemnify the Grantee, 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 Subrecipient's performance or nonperformance of the services or
subject matter called for in this agreement.
D. Workers' Compensation
The Subrecipient 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 Subrecipient will furnish
Grantee’s Representative with an insurance certificate from its Workers' Compensation insurance carrier certifying
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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 Grantee is required prior to reduction,
cancellation, termination or expiration of any kind.
E. Insurance & Bonding
The Subrecipient 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 Grantee.
Subrecipient will obtain, at its sole cost and file with the Grantee, 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 Subrecipient, 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. Subrecipient will give City prompt and timely notice of any claim made
or suit instituted. Subrecipient 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. Subrecipient 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.
Subrecipient 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 Subrecipient will comply with the bonding and insurance requirements of the Grantee. 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 Subrecipient will recognize the role of the grantor agency 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 Subrecipient will include a reference to the financial support provided herein in all publications made
possible with funds made available under this Agreement.
G. Amendments
Grantee or Subrecipient 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
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organizations. Such amendments will not invalidate this Agreement or relieve or release Granter or Subrecipient from
its obligations under this Agreement.
Grantee 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 Grantee and Subrecipient.
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
Grantee. 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 Subrecipient 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.
Suspension or Termination may occur if the Subrecipient materially fails to comply with any term of the award, and
the award may be terminated for convenience in accordance with the Federal Regulations, 2 CFR Part 200, Uniform
Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (§200.339).
VII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with Federal Regulations, 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. Uniform Administrative Requirements and Cost Principles
Subrecipients will administer its program in conformance with Federal Regulations, 2 CFR Part 200, Uniform
Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (Subpart E), for
all costs incurred whether charged on a direct or indirect basis.
B. Documentation and Record-Keeping
1. Records to be Maintained
The Subrecipient 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;
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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 24 CFR Part 570, Section 570.502, and 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
Subrecipient shall make available for inspection to authorized City, County and HUD personnel and their
agents, for a total of five (5) years from the expiration date of this Agreement, all records, including financial,
pertaining to its performance under this Agreement, and allow said County and HUD personnel and agents to
inspect and monitor Subrecipient’s facilities and program operations, and interview Subrecipient staff and
program participants, as required by the County and/or HUD. Subrecipient agrees to submit all data that are
necessary to complete the Consolidated Annual Performance and Evaluation Report (CAPER) and monitor
program accountability and progress in accordance with HUD requirements in the format and at the time
designated by the Commission, through its Executive Director or his designee. Failure of Subrecipient to
comply with the requirements of this Section shall constitute a material breach of Agreement upon which the
Commission, through its Executive Director or his designee may cancel, terminate or suspend this Agreement.
3. Client Data
Subrecipient 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 Grantee monitors or their
designees for review upon request.
4. Disclosure
The Subrecipient 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 [Grantee's] or
Subrecipient'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 Subrecipient 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).
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6. National Objectives
The Subrecipient 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
Grantee 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 Grantee, and determining the custodianship of records.
8. Reversion of Assets
Upon expiration or termination of this Agreement, the Subrecipient shall immediately transfer to the Grantee
any remaining CDBG funds on hand at the time of expiration or termination and any accounts receivable
attributable to the use of CDBG funds. Any real property under the Subrecipient’s ownership or possession
that was acquired or improved in whole or in part with CDGB funds in excess of $25,000 shall be either:
i. Used to meet one of the national objectives in 24 CFR Section 570.208 for five (5) years following
the close-out of the CDBG grant from which assistance to the property was provided after expiration
of this Agreement (24 CFR Section 570.505); or
ii. Disposed of in a manner, which results in the Grantee being reimbursed in the amount of the current
market value of the property less any portion thereof attributable to expenditures of non-CDBG funds
for acquisition of, or improvement to, the property. Such reimbursement is not required after the
period of time and under the conditions specified in subparagraph i above. The Subrecipient shall
maintain the use of the real property and documentation verifying compliance with the national
objective for a period of five (5) years after closeout of this project. The Subrecipient must submit to
the Grantee a completed certification form verifying that the real property is used exclusively for the
eligible use and purpose as provided in the Agreement. This form shall be submitted on an annual
basis, when requested, beginning in year two (2) and for a period of five (5) years after closeout of
the project. In case of a change of use or disposition, the Grantee must be reimbursed for the market
value of the property at the time of disposition, or proceeds from the sale, less the pro rata share of
expenditures made with non-CDBG funds to acquire or improve the property.
9. Audits & Inspections
All Subrecipient records with respect to any matters covered by this agreement will be made available to the
Grantee, grantor agency, their designees or the Federal Government, at any time during normal business
hours, as often as the Grantee 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
Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the
above audit requirements will constitute a violation of this Agreement and may result in the withholding of
future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance
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with current city policy concerning Subrecipient audits. Audit will comply with 2 CFR Part 200, Uniform
Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, Subpart F.
C. Reporting and Payment Procedures
1. Budgets
The Subrecipient will submit a detailed contract budget of a form and content prescribed by the Grantee for
approval by the Grantee. The Grantee and the Subrecipient 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 Subrecipient 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 Subrecipient during the Agreement period for activities
permitted under this Agreement and the Subrecipient 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 Grantee 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 Grantee.
3. Indirect Costs
If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the
appropriate Grantee share of administrative costs and will submit such plan to the Grantee for approval prior
to the execution of the Agreement.
4. Payment Procedures
The Grantee will pay to the Subrecipient funds available under this Agreement based upon information
submitted by the Subrecipient 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
Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by the Grantee in
accordance with advance fund and program income balances available in Subrecipient accounts. In addition,
the Grantee reserves the right to liquid funds available under this Agreement for costs incurred by the Grantee
on behalf of the Subrecipient.
D. Procurement
1. Compliance
The Subrecipient 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. AR program assets (unexpended program
income, property, equipment, etc.) will revert to the Grantee upon termination of this Agreement.
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2. Federal Requirements
The Subrecipient will procure materials in accordance with the requirements of 2 CFR Part 200, Uniform
Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, Subpart D.
Procurement.
3. Travel
The Subrecipient will obtain written approval from the Grantee for any travel outside the metropolitan area
with funds provided under this Agreement.
4. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA)
The Subrecipient 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. When persons are
displaced, relocation assistance shall be provided at Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (URA) levels. The Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient will cause or require a covenant running with the
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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 Grantee and the United States are beneficiaries of and entitled to enforce such
covenants. The Subrecipient 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. Fair Housing Act
It is the policy of the United States to provide, within constitutional limitations, for fair housing throughout
the United States and prohibits any person from discriminating in the sale or rental of housing, the financing
of housing, or the provision of brokerage services, including otherwise making unavailable or denying a
dwelling to any person, because of race, color, religion, sex, national origin, handicap or familial status.
5. Executive Order 11063
As amended by Executive Order 12259, the Subrecipient is required to take all action necessary and
appropriate to prevent discrimination because of race, color, religion, sex, or national origin, in the sale,
leasing, rental or other disposition of residential property and related facilities, or in the use of occupancy
thereof, if such property and related facilities are, among other things, provided in whole or in part with the
aid of loans, advances, grants or contributions agreed to be made by the Federal Government.
6. Section 504 of the Residential Rehabilitation Act of 1973
The Subrecipient 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
7. 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.
8. Architectural Barriers Act of 1968 and Americans with Disabilities Act
The Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) requires certain Federal and Federally funded
buildings and other facilities to be designed, constructed, or altered in accordance with standards that insure
accessibility to, and use by, physically handicapped people. A building or facility designed, constructed, or
altered with funds allocated or reallocated under this part after December 11, 1995, and that meets the
definition of residential structure as defined in 24 CFR Section 40.2 or the definition of building as defined in
41 CFR Part 101, is subject to the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151-
4157) and shall comply with the Uniform Federal Accessibility Standards (Appendix A to 24 CFR Part 40 for
residential structures and Appendix A to 41 CFR Parts 101-19 for general type buildings). The Americans
with Disabilities Act (42 U.S.C. Section 12131; 47 U.S.C. Sections 155.201, 218 and 225) (ADA) provides
comprehensive civil rights to individuals with disabilities in the areas of employment, public
accommodations, State and local government services, and telecommunications. It further provides that
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discrimination includes a failure to design and construct facilities for first occupancy after January 26, 1993
that are readily accessible to and usable by individuals with disabilities. Further, the ADA requires the
removal of architectural barriers and communication barriers that are structural in nature in existing facilities,
where such removal is readily achievable-that is, easily accomplishable and able to be carried out without
much difficulty or expense.
B. Affirmative Action
1. Executive Order 11246
The Subrecipient 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 Subrecipient will take affirmative action to ensure that all employment
practices are free from such discrimination. The Subrecipient agrees to post in conspicuous places, available
to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination
clause.
2. W/MBE
The Subrecipient 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 Subrecipient may rely on written representations by
Subrecipients regarding their status as minority and female business enterprises in lieu of an independent
investigation.
C. Employment Restrictions
1. County Lobbying/Prohibited Activity
The Subrecipient 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. Subrecipient 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 Subrecipient 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
Subrecipient 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.
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3. Safety Standards and Accident Prevention
The Subrecipient will comply with all applicable federal, state and local laws governing safety, health and
sanitation. The Subrecipient 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.
4. Labor Standards
The Subrecipient 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 Subrecipient will maintain documentation which demonstrates compliance with hour and wages
requirements of this part. Such documentation will be made available to the Grantee for review upon request.
The Subrecipient 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 Grantee
pertaining to such contract, will comply with federal requirements adopted by the Grantee pertaining to such
contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR.
D. Conduct
1. Assignability
Subrecipient may not assign any portion of this Agreement without the express written consent of the
Grantee. Any attempt by Subrecipient 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 Grantee may immediately
terminate this Agreement through the Executive Director or his/her designee.
2. Hatch Act
The Subrecipient 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 Subrecipient, its agents and employees shall comply with all applicable Federal, State and County laws
and regulations governing conflict of interest including, but not limited to, 24 CFR Part 570.611 and 2 CFR
Part 200.318 (c ) (1) (2), Uniform Administrative Requirements, Cost Principles and Audit Requirements for
Federal Awards, Conflict of Interest. To this end, the Subrecipient will make available to its agents and
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employees copies of all applicable Federal, State and County laws and regulations governing conflict of
interest.
4. Subcontracts
The requirements of this Agreement may not be subcontracted by the Subrecipient without the advance
approval of the Grantee. Any attempt by the Subrecipient to subcontract without the prior consent of the
Grantee may be deemed a material breach of this Agreement. If the Subrecipient desires to subcontract, the
Subrecipient shall provide the following information promptly at the Grantee’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 Grantee.
The Subrecipient shall indemnify and hold the Grantee 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
Subrecipient’s employees. The Subrecipient shall remain fully responsible for all performances required of it
under this Agreement, including those that the Subrecipient has determined to subcontract, notwithstanding
the Grantee’s approval of the Subrecipient’s proposed subcontract. The Grantee’s consent to subcontract
shall not waive the Grantee’s right to prior and continuing approval of any and all personnel, including
Subcontractor employees, providing services under this Agreement. The Subrecipient is responsible to notify
its Subcontractors of this Grantee right. The Grantee’s CDBG Administrator is authorized to act for and on
behalf of the Grantee with respect to approval of any subcontract and Subcontractor employees. After
approval of the subcontract by the Grantee, the Subrecipient shall forward a fully executed subcontract to the
Grantee for their files. The Subrecipient 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 Grantee’s consent to subcontract. The
Subrecipient shall obtain certificates of insurance, which establish that the Subcontractor maintains all the
programs of insurance required by the Grantee from each approved Subcontractor. The Subrecipient shall
ensure delivery of all such documents to the Grantee before any Subcontractor employee may perform any
work hereunder.
5. Copyright
If this Agreement results in any discovery, invention, or copyrightable material, the Grantee 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
Community Development Block Grant funds shall be disbursed between faith-based and secular non-profit
organizations on an equal treatment basis. Faith-based and religious organizations shall not be discriminated
against nor favored in the disbursement of Community Development Block Grant funds.
7. Safely Surrendered Baby Law
a. The Subrecipient 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
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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 Subrecipient acknowledges that the County places a high priority on the implementation
of the Safely Surrendered Baby Law. The Subrecipient 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 Subrecipient’s place of business. The Subrecipient 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 Subrecipient with the poster to be used.
IX. ENVIRONMENTAL CONDITIONS
A. Flood Disaster Protection of 1973
The Subrecipient 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 Poisoning Act
The Subrecipient agrees that lead-based paint shall not be used on residential structures constructed or rehabilitated
with CDBG funds. Furthermore notification of hazards of lead-based paint poisoning must be provided to purchasers
and tenants of HUD-associated housing constructed prior to 1978. All procedures to eliminate as far as practicable the
hazards due to the presence of paint which may contain lead and to which children under seven years of age may be
exposed in existing housing which is rehabilitated with assistance provided by CDBG shall be taken, including
inspection and testing, and abatement.
C. Executive Order 12372
Projects that fund the planning or construction (reconstruction or installation) of water or sewer facilities shall conduct
State review process for review and comment.
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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:
Sergio Gonzalez
City Manager
City of Azusa
Date:
Ana Interiano, Interim Executive Director
YWCA of San Gabriel Valley
Attest:
Jeffrey Lawrence Cornejo, Jr.
City Clerk
ATTACHMENT 2