HomeMy WebLinkAboutE-7 Staff Report - Housing Rehab Contract AwardCONSENT ITEM
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TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: MATT MARQUEZ, ECONOMIC AND COMMUNITY
DEVELOPMENT DIRECTOR
DATE: JUNE 7, 2021
SUBJECT: AWARD OF A PROFESSIONAL SERVICES AGREEMENT FOR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) HOUSING REHABILITATION
ADMINISTRATION SERVICES TO FRJ & ASSOCIATES
BACKGROUND:
On February 1, 2021, the Azusa City Council adopted Resolution No. 2021-C05 approving the City’s
2021-2022 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 are allocated for this project. On April 13, 2021, a request to solicit proposals seeking professional
administrative consulting services to implement the Single Family Housing Rehabilitation Project was
posted on the City’s website and sent electronically to eleven prospective firms. 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 2021-2022 with an
option to renew annually for up to two additional one-year terms.
RECOMMENDATION:
Staff recommends that 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, 2021 through June 30, 2022 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
6/7/2021
Community Development Block Grant Program
Housing Rehabilitation Program
Award of Professional Services Agreement
June 7, 2021
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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, installation of new windows, 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 Proposal (RFP) to administer the City’s Single Family Housing Rehabilitation Project was
released on April 13, 2021. The RFP was distributed to eleven qualified firms experienced in the
administration of federally-funded housing rehabilitation programs. The deadline to receive proposals was
May 13, 2021. Three proposals were received. The proposals received were from:
• Avant Garde
• FRJ & Associates
• GRC Associates, Inc.
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 2021-2022, the City anticipates awarding
approximately 10 to 12 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 GRC Associates, Inc. submitted proposals with a not-to-exceed amount of
20% per housing rehabilitation grant amount awarded. Avant Garde submitted its fee schedule in excess
of the allowable 20% of each eligible grant awarded. Avant Garde proposed approximately $3,600 per
each individual housing rehabilitation case completed; or 30% of the City’s maximum allowable amount
of a housing rehabilitation case of $12,000.
Although GRC Associates, Inc. is qualified to provide housing rehabilitation consulting services, GRC
Associates, Inc. provided little evidence of familiarity with the Los Angeles County Development
Authority (LACDA); the administrative pass-through agency responsible for the City of Azusa’s
participation in the CDBG Program. Avant Garde shows some familiarity with LACDA, however, based
on its proposal, the majority of its experience and references lie outside of the Los Angeles Urban County
CDBG Program, administered by LACDA.
FRJ & Associates are well established in, and familiar with, the City of Azusa and its residents, having
administered the City’s Single Family Housing Rehabilitation Project for twenty-four years. Furthermore,
FRJ & Associates possess a long standing and successful relationship with the Los Angeles County
Community Development Block Grant Program
Housing Rehabilitation Program
Award of Professional Services Agreement
June 7, 2021
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Development Authority (LACDA) and demonstrate a thorough understanding of LACDA’s reporting and
auditing requirements.
FRJ & Associates consistently provide 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.
Lastly, FRJ & Associates successfully developed and implemented the City’s recent CARES Act-funded
Emergency Utility Assistance Program (EUA). The EUA Program provided 36 income-eligible Azusa
households utility relief payments for a maximum period of 3 months to maintain utility service and/or to
reduce utility payment delinquency in arrears as a result of the economic downturn during the COVID-19
pandemic.
FISCAL IMPACT:
The recommended action awards a professional services agreement to FRJ & Associates in an amount
not-to-exceed $35,000, beginning July 1, 2021 through June 30, 2022, and allows for up to two additional
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. CDBG funded-programs
allow the City to respond to community needs with little impact to the General Fund.
Prepared by: Reviewed By:
Tina Gall Matt Marquez
CDBG Consultant Director of Economic and
Community Development
Fiscal Impact Review: Reviewed and Approved:
Talika M. Johnson Sergio Gonzalez
Director of Administrative Services City Manager
Attachments:
1) Professional Services Agreement with FRJ & Associates
2) Proposal from FRJ & Associates
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AGREEMENT BETWEEN THE CITY OF AZUSA
AND
FRJ ASSOCIATES FOR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
SINGLE FAMILY HOUSING REHABILITATION PROGRAM
THIS AGREEMENT entered this 1ST day of July, 2021, 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. 601168-21, 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, or remotely, if necessary. 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.
Attachment 1
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2. Program Administration
a. Accept and review participant applications. Conduct preliminary interviews to
determine financial eligibility in accordance with program requiremen ts;
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 Con tractors and property
owners; prepare pre-construction memorandum for distribution to all parties;
f. Conduct final inspections and close out projects with all necessary lien rel eases,
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, Los Angeles County
Development Authority (LACDA), and City of Azusa standards;
h. Submit, maintain, and report Azusa client data through the LACDA Housing
Rehabilitation online reporting system;
i. Prepare monthly status and other reports as requested; and,
j. 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 housing rehabilitation activities shall be completed during Fiscal Year
2021/2022:
Activity Estimated Funding Amt. Estimated No. of Cases
Single Family Hsg. Rehab. $185,000 10-12
Funding for the City of Azusa’s Housing Rehabilitation Program will be based on the City’s final FY 2021-
2022 CDBG allocation determined by the U.S. Department of Housing and Urban Development (HUD) and
the Los Angeles County Development Authority (LACDA) and may require adjustments based upon final,
annual CDBG funding allocations. Consultant's hours may be adjusted according to the amount of CDBG
funding available.
II. TIME OF PERFORMANCE
Services of the Consultant shall start on the 1st day of July, 2021 and end on the 30th day of June, 2022, with
an option to renew for up to two additional consecutive years for a total term of three years through June 30,
2024, unless terminated earlier in accordance with Section VI. GENERAL CONDITIONS, Subsection H.
Suspension or Termination, of this Agreement.
III. PAYMENT
A. Amount of Payment
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It is expressly agreed and understood that the total amount to be paid by the City of Azusa under this
Agreement will not exceed a flat fee of 20% of each grant and loan funded . Staff will provide a minimum
of 8 hours on-site or remotely per week, given the expected levels of accomplishments noted above.
Consultant services will be funded with CDBG fu nds.
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
Matt Marquez, Director FRJ ASSOCIATES
Community and Economic Development Vivian Moss
City of Azusa 14110 Moonridge Drive
213 E. Foothill Boulevard Riverside, CA 92503
Azusa, CA 91702 PH: (951) 288-3805
PH: (626) 812-5236 vmossconsultant@yahoo.com
mmarquez@azusaca.gov
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
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Block Grant (CDBG) and all federal regulations and policies issued pursuant to these regulations. The
Consultant further agrees to utilize funds available under this Agreement to supplement rather than supplant
funds otherwise available.
VI. GENERAL CONDITIONS
A. General Compliance
The Consultant agrees to comply with all applicable federal, state and local laws and regulations governing
the funds provided under this Agreement.
B. Independent Contractor
Nothing contained in this agreement is intended to, or will be construed in any manner, as creating or
establishing the relationship of employer/employee between the parties. The Consultant will at all times
remain an independent contractor with respect to the services to be performed under this agreement. The City
will be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical
insurance and Workers' Compensation Insurance as the Consultant is an independent Contractor.
C. Hold Harmless
The Consultant will hold harmless, defend and indemnify the City, its appointed officials, employees, agents
or volunteers from and against any and all liability, including but not limited to demands, claims, actions,
suits, charges and judgments whatsoever that arise out of the Consultant's performance or nonperformance of
the services or subject matter called for in this agreement.
D. Workers' Compensation
The Consultant will provide Workers' Compensation Insurance cove rage 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 wi ll 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
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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 M illion 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 notic e 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 Blank et 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 Ag reement, 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 an d 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, facili ties 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 rele ase 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 ame ndments 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
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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 u nfinished
documents, data, studies, surveys, maps, models, photographs, report s or other materials prepared by
Consultant under this agreement will be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents or materials prior to the termination.
City may also suspend or terminate this Agreement, in whole or in part, if Consultant materially fails to
comply with any term of this Agreement or with any of the rules, regulations or provisions referred to herein ;
and the City may declare the Consultant ineligible for any further participation in City contracts, in addition to
other remedies as provided by law. In the event there is probable cause to believe the Consultant is in
noncompliance with any applicable rules or regulations, the City may withhold up to fifteen (15) percent of
said Agreement funds until such time as the Consultant is found to be in compliance by the City, or is
otherwise adjudicated to be in compliance.
VII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Consultant agrees to comply with U.S. Office of Management and Budget (OMB), Guidance for
Grants and Agreements found at 2 CFR Part 200, “Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards” and agrees to adhere to the accounting
principles and procedures required therein, utilize adequate internal controls, and maintain necessary
source documentation for all costs incurred.
2. Cost Principles
The Consultant will administer its program in conformance with 2 CFR Part 200, “Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards” as
applicable, for all costs incurred whether charged on a direct or indirect basis.
B. Documentation and Record -Keeping
1. Records to be Maintained
The Consultant will maintain all records required by the Federal regulations specified in 24 CFR Part
570, Section 570.506, and that are pertinent to the activities to be funded under this Agreement. Such
records will include but not be limited to:
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 opportu nity
components of the CDBG program;
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f. Financial records as required by 2 CFR Part 200, “Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards”; and
g. Other records necessary to document compliance with Subpart K of 24 CFR Part
570.
2. Record Retention
The Consultant will retain all accounting records, financial records, and supporting documentation
pertinent to expenditures incurred under this Agreement for a minimum period of five (5) years after
the termination of all activities funded under this agreement, or after the resolution of all Federal
audit findings, whichever occurs later. Records for nonexpendable property acquired with funds
under this Agreement will be retained for five (5) years after final disp osition 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 u nder 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 re cords which clearly identify properties
purchased, improved or sold. Properties retained will continue to meet eligibility criteria and will
conform to 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 p rogram'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.
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7. Close-Outs
City close-out requirements must be completed within 30 days after expi ration 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 balan ces, 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 C DBG 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 th e 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
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payments. With the exception of certain advances, payments will be made for eligible expenses
actually incurred by the Consultant, and not to exceed actual cash requirements. Payments will be
adjusted by the City in accordance with advance fund and program income balances available in
Consultant accounts. In addition, the City reserves the right to liquid funds available under this
Agreement for costs incurred by the City on behalf of the Consultant.
D. Procurement
1. Compliance
The Consultant will comply with current city policy concerning the purchase of equipment and will
maintain an inventory of all non-expendable personal property as defined by such policy as may be
procured with funds provided herein. The policy is available upon request. Housing Rehabilitation
program assets (unexpended program income, property, equipment, etc.) will revert to the City upon
termination of this Agreement.
2. OMB Standards
The Consultant will procure materials in accordance with the requirements of 2 CFR Part 200,
“Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards” for Procurement Standards, and Property Management Standards, covering utilization and
disposal of property.
3. Travel
The Consultant will obtain written approval from the City for any travel outside the metropolitan area
with funds provided under this Agreement.
4. Relocation, Acquisition and Displacement
The Consultant agrees to comply with 24 CFR 570.606 relating to the acquisition and disposition of
all real property utilizing grant funds and to the displacement of persons, businesses, nonprofit
organizations and farms occurring as a direct result of any acquisition of real property utilizing grant
funds. The Consultant agrees to comply with applicable City Ordinances, Resolutions, and Policies
concerning displacement of individuals from their residences.
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, Se ction 504 of the
Rehabilitation Act of 1973, the Americans with Disabilities Ac t of 1990, the Age Discrimination Act
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of 1975, Executive Order 11063 as amended by Executive Order 12259, and with Executive Order
11246 as amended by Executive Orders 11375 and 12086.
2. Nondiscrimination
The Consultant will not discriminate against any employee or applicant for employment because of
race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital
status, or status with regard to public assistance. The Consultant will take affirmative action to
ensure that all employment practices are free from such discrimination. Such employment practices
include but are not limited to: hiring, upgrading, demotion, transfer, recruitm ent or recruitment
advertising, layoff, termination, rates of pay or other form s 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 suc h 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 prog ram. 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 act ivity 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 pro vided in President's Executive
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Order 11246 of September 24, 1965. The City will provide Affirmative Action guidelines to the
Consultant upon request to assist in the formulation of such program. The Consultant will submit a
plan, if applicable, for an Affirmative Action Program for approval prior to the award of funds.
2. W/MBE
The Consultant will use its best efforts to afford minority and women -owned business enterprises the
maximum practicable opportunity to participate in the performance of this Agreement. As used in
this Agreement, the term "minority and female business enterprise' means a business at least fifty-one
(51) percent owned and controlled by minority group members or women. For the purpose of this
definition, "minority group members" are African-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
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requirements of the Los Angeles County Code Chapter 2.160 (Los Angeles County Ordi nance 93-
0031), and; that all persons/entities/firms acting on behalf of Consultant have and will comply with
the County Code, and; that any person/entity/firm who seeks a contract will be disqualified there
from and denied the contract and, will be liable in civil action, if any lobbyist, lobbying firm, lobbyist
employer or any other person or entity acting on behalf of Consultant fails to comply with the
provisions of the County Code. Ordinance No. 93 -0031 amending the Los Angeles County Code
relating to lobbyists is attached hereto as Attachment I and incorporated into this Agreem ent 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 neces sary to protect the
life and health of employees on the job and the safety of t he 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.
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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 Execu tive 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 o r 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 fina ncial 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 tha t 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 of ficial 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:
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· 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 servic es 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, pu blish 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 Agreemen t 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 po ster in a
prominent position in the Subcontractor’s place of business. The Department of Children and
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Family Services of the County of Los Angeles will supply the Consultant with the poster to
be used.
IX. ENVIRONMENTAL CONDITIONS
A. Flood Disaster Protection
The Consultant agrees to comply with the requirements of the Flood Disas ter 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 Par t 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, St ate, or
local historic property list.
[SIGNATURES FOUND ON NEXT PAGE ]
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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: ___
FRJ ASSOCIATES
Attest:
City Clerk
PROPOSAL
CDBG SINGLE -FAMILY RESIDENTIAL
REHABILITAION PROGRAM
P R E PA R E D F O R :
C I T Y O F A Z U S A
C D B G S I N G L E -FA M I L Y R E S I D E N T I A L R E H A B I L I T A T I O N P R O G R A M
E C O N O M I C A N D C O M M U N I T Y D E V E L O P M E N T
2 1 3 E . F O O T H I L L B L V D.
A Z U S A , C A 9 1 7 0 2
FRJ & ASSOCIATES
14110 MOONRIDGE DRIVE RIVERSIDE, CA 92503 951-288-3805 FAX: 951-780-0126
Attachment 2
Table of Contents
Introduction ................................................................................................. 1
Scope of Work & Pricing ............................................................................. 2
Current Projects ........................................................................................... 3
Past Projects ................................................................................................ 4
References ................................................................................................... 5
Qualifications .............................................................................................. 6
Recommendations & Photos ...................................................................... 7
FRJ & ASSOCIATES
14110 MOONRIDGE DR.
RIVERSIDE, CA 92503
951-288-3805 Fax 951-780-0126
bnvmoss@yahoo.com
May 4, 2021
Matt Marquez
Director of Community and Economic Development
City of Azusa
213 East Foothill Blvd.
Azusa, CA 91702
To Matt Marquez:
Thank you for giving us the opportunity to submit a proposal for the City of Azusa CDBG Single
Family Residential Rehabilitation Grant Program. We submit the following proposal (per the RFP)
to implement this program for your City.
We submit the following scope of services:
1. Program Evaluation-Recommend program changes to meet housing needs.
2. Revise Procedures- Update City’s housing manual as necessary.
3. Program Marketing-Prepare brochures, public notices, and other promotional materials.
4. Implementation- Develop and implement programs as necessary.
5. Tracking System- Develop and maintain a project tracking system, keep contractor data up
to date.
6. Filing System- Maintain filing system for each applicant with all necessary documentation.
7. Monthly Reports- Prepare status reports and quarterly performance reports.
8. Monitoring- Meet with the City of Azusa, LACDA, or HUD representatives as necessary.
We propose to bill each case for 20% of each CDBG project total. This fee is all inclusive of the
following services; photos, travel expenses, cell phones, off hour appointments and phone calls. We
are available to residents seven days a week and available on site one day per week from 8:00-12:00.
Two staff members will be involved in all cases.
Our firm has been in business for over twenty-seven years. We are a small, minority, bilingual
company focused entirely on providing our clients with the care, expertise, and dedication required
for successful projects. We work hard to make sure each client is satisfied. We look forward to
continuing our relationship with the City of Azusa. Please do not hesitate to call us with any
questions.
Sincerely,
Vivian J. Moss
Partner
14110 MOONRIDGE DRIVE RIVERSIDE, CA 92503 951-288-3805 FAX: 951-780-0126
1
INTRODUCTION
FRJ & Associates are dedicated to serving the residents of Azusa. We have been working
effectively in the City of Azusa for the last twenty-seven years. We are committed to meeting the
needs of its residents, making the city of Azusa our top priority. The residents of Azusa can get a
hold of us anytime to answer questions or take care of problems that arise. Our firm tries to
schedule appointments around the resident’s availability and gives them courtesy calls to remind
them of appointments. We work with the Senior Center and understand the special needs of the
elderly and disabled. FRJ helps those clients through the application process, and drives to their
homes for signatures and appointments normally handled in the office. We are constantly finding
ways to improve our services to meet the needs of the residents.
FRJ & Associates are a partnership of consultants highly experienced in CDBG programs. We
adhere strictly to CDBG guidelines and receive high marks during all Los Angeles County
Development Authority audits. We are very familiar with the City of Azusa building code and work
closely with the code enforcement department to make sure code cases are handled in a timely
manner.
Azusa is like our second home; we know many of the residents by name and take pride in the
work we do here.
2
FRJ & ASSOCIATES
SCOPE OF WORK
CDBG Grants
REHABILITATION PROJECT DEVELOPMENT
1. Collecting applications
2. Setting up files
3. Verifying completion of application
4. Requesting additional documents and/or information
5. Interview with applicants/explaining procedures
6. Approval of application
7. Historical Preservation Clearance (through LACDA)
8. Submit information (and documentation) through the LACDA system
PRE-CONSTRUCTION
Inspection, Work Write Up’s, Bidding Process
To include the following:
1. Initial inspection w/pictures
2. Work write up w/signatures
3. Procurement of rehabilitation to be performed
4. Walk through (if applicable)
5. Bid opening
6. Bid results
7. Selection of contractor
ABATEMENT (if applicable)
Lead/Asbestos/Mold Testing, Abatement, and Clearance
To include the following:
1. Procurement of environmental testing & abatement companies
2. Visual inspection
3. Schedule testing of items containing lead, mold, or asbestos
4. Send report to abatement companies
5. Receive abatement quotes
6. Selection of contractor
7. Schedule abatement to be performed
8. Send for a clearance
CONSTRUCTION MANGEMENT
1. Contract with owner & contractor signatures
2. Notice to Proceed (following abatement & clearance, when applicable)
3. Construction Management
a. Inspections
b. Client communication
c. Contractor supervision
4. Approve signed change orders (when applicable)
3
FINAL
1. Final inspection w/pictures
2. Punch list (if necessary)
3. Signature on Final invoice
4. Invoice & lien release
5. Put in for payment
6. Submitting all proper forms to the QPR in the LACDA system
PRICING
We propose to bill each CDBG Single Family Residential Rehabilitation Grant Program for 20% of
each project total. Pricing based on 10-12 estimated minor home rehabilitation grants.
FRJ & Associates will only charge successful projects or projects that are cancelled past inspection.
If an application does not get approved, no fee will be charged. FRJ & Associates will also
participate in any activity through the City of Azusa to help promote the program at no additional
fee.
Fees are all inclusive of the following services; photos, travel expenses, cell phones, off hour
appointments, and phone calls. Our firm will provide laptops, fax machine, printers, and copier.
CURRENT PROJECT
City of Azusa (24 years)
Wrote and administer:
A. CDBG Single Family Residential Rehabilitation Grant Program
City of Diamond Bar (less than 1 year)
Administer:
B. CDBG Home Improvement Loan Program
4
PAST PROJECTS
City of Azusa
Wrote and Administered- HOME Single Family Loan Program, Commercial Façade Rehabilitation Program,
Rental Rebate Program, Handyman Grant Program, Treescape Program, Commercial Loan Program
Administered- Home Ownership Program, Mortgage Credit Certificate Program, Independent Cities Lease
Finance Authority Fresh Rate Program
City of Monrovia
Wrote and Administered- HOME Single Family Loan Program, CDBG Grant Program, Neighborhood
Services Program
Administered- Commercial Façade Program, Partnership Program
City of Lynwood
Wrote and Administered- Single Family HOME Rehabilitation Grant Program, Single Family HOME
Rehabilitation Loan Program, HOME Rental Rehabilitation Loan Program
City of Palmdale
Construction Management- Neighborhood Enhancement Program
County of Los Angeles
Construction Management- Community Development Commission County of Los Angeles Grant Program
City of Rialto
Construction Management- Loan and Grant Programs
City of Colton
Construction Management- Loan and Grant Programs
City of Pomona
Construction Management- Loan and Grant Programs
Other
Sub contracted under Willdan and Associates, Inc. for the cities of West Hollywood, Burbank, Santa Monica,
and Costa Mesa using CDBG, HUD, and 20% Set Aside Redevelopment Funds.
5
REFERENCES
City of Azusa
Matt Marquez
Director of Economic and Community Development Department
Tel. 626-812-5299
City of Diamond Bar
Greg Gubman
Community Development Director
Tel. 909-839-7030
City of Monrovia
Dan McConnell
Housing Rehabilitation Coordinator
Tel. 626-932-5504
City of Palmdale
Mike Miller
Housing Manager
Tel. 661-266-0115
City of Rialto
Robb R. Steel
Director of Redevelopment
Tel. 909-879-1140
Los Angeles County Development Authority
Jeffrey Badre
Development Specialist
Tel. 626-586-1719
6
QUALIFICATIONS
Vivian Moss
Partner (27 years)
Vivian Moss has worked in Housing Programs for the past twenty-seven years. She has written and
implemented CDBG, HOME, and Redevelopment programs for the cities of Azusa and the Monrovia. She
implements the loan program for the City of Diamond Bar. Vivian wrote and implemented the HOME grant,
loan, & rental loan programs for the City of Lynwood. She performed construction management for the City
of Palmdale & Community Development Commission of the County of Los Angeles (currently known as
LACDA.)
Vivian Moss’ typical responsibilities include, but are not limited to, rehabilitation project development (from
intake to approval.) She handles the loan processing from verifications, reports, recording to finals. She
meets with LACDA representatives and keeps files organized.
Vivian Moss is bilingual (in Spanish.) A few of Vivian’s best personal qualities include patience, dependable,
and the ability to work well with others.
Bill Moss
Partner (21 years)
Bill Moss has worked in Housing Programs for the last twenty-one years. Currently, he handles the
preconstruction, abatement, and construction management for the City of Azusa. He has an overall
knowledge of the construction and the Uniform Building Code.
Bill was a labor superintendent for a construction company and worked in different capacities in the
construction field for the last 31 years. He has worked in the cities of Diamond Bar, Monrovia, Lynwood,
Rialto, Palmdale, and Community Development Commission of the County of Los Angeles.
Bill Moss has limited bilingual capabilities. A few of Bill’s best personal qualities include honesty, problem
solving, and a great work ethic.
7
RECOMMENDATIONS & PHOTOS