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HomeMy WebLinkAboutE-11 Staff Report - CA Dept of Aging Grant AcceptanceCONSENT ITEM E-11 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MIKI CARPENTER, DIRECTOR OF COMMUNITY RESOURCES DATE: AUGUST 21, 2023 SUBJECT: ADOPTION OF RESOLUTION ACCEPTING LOCAL AGING & DISABILITY ACTION PLANNING GRANT FROM THE CALIFORNIA DEPARTMENT OF AGING AND IDENTIFYING THE SIGNATORY OFFICIAL BACKGROUND: The City of Azusa has been awarded a grant in the amount of $200,000 from the California Department of Aging, to support the development of a Local Aging & Disability Action Plan. The proposed plan aims to address the unique needs of Azusa’s aging and disability communities through a cross-sector, community-driven approach. The California Department of Aging requires a resolution for acceptance of the grant and also to identify the signatory official. This action adopts the resolution accepting the grant award and identifying the signatory official, and approves a corresponding budget amendment to incorporate the grant funds into the appropriate fiscal year budgets. RECOMMENDATIONS: Staff recommends that City Council take the following action(s): 1)Approve Resolution No. 2023-C40 accepting the grant award from California Department of Aging and identifying the City Manager as the signatory official. 2)Authorize the City Manager to execute the Grant Agreement, in a form acceptable to the City Attorney, on behalf of the City, subject to non-substantive changes made by the City Manager and City Attorney. ANALYSIS: If accepted, the City of Azusa Department of Community Resources would oversee this grant and collaborative effort through All in for Azusa. This initiative has a Coordinating Council which oversees the work conducted in Azusa, and currently has over 30 partners committed to bringing services to Azusa residents. Specific roles with several of the partners will be defined through MOU’s and brought back to City Council for approval. Approved City Council August 21, 2023 CA Department of Aging Grant Award Acceptance August 21, 2023 Page 2 The development of the Local Aging and Disability Action Plan will include six objectives: 1) Awareness Stage: Build Community Awareness 2) Planning Stage: Establish an Advisory Committee and Gain Community Leader Support 3) Planning Stage: Community Assessment and Cross-Sector Engagement 4) Planning Stage: Select Goals and Priority Initiatives, and Develop a Local Plan 5) Deveopment Stage: Build Your Local Plan 6) Early Implementation: Approve, Publicly Release, and Promote the Local Plan FISCAL IMPACT: There is no fiscal impact associated with the recommended actions. Upon Council acceptance of the grant, Finance staff will amend the fiscal year budgets as appropriate and consistent with the grant award amount and term which is through March 2025. Prepared by: Reviewed and Approved: Nikki Rosales Miki Carpenter Senior Management Analyst Director of Community Resources Fiscal Review by: Reviewed and Approved by: Talika M. Johnson Sergio Gonzalez Director of Administrative Services City Manager Attachments: 1) Grant Agreement for California Department of Aging Local Aging & Disability Action Planning Grant Program 2) Resolution No. 2023-C40 STATE OF CALIFORNIA – DEPARTMENT OF GENERAL SERVICES SCO ID: 4170-LA232417 STANDARD AGREEMENT STD 213 (Rev. 04/2020) AGREEMENT NUMBER LA-2324-17 PURCHASING AUTHORITY NUMBER (If Applicable) 1. This Agreement is entered into between the Contracting Agency and the Contractor named below: CONTRACTING AGENCY NAME California Department of Aging CONTRACTOR NAME City of Azusa 2. The term of this Agreement is: START DATE 07/01/2023 THROUGH END DATE 03/31/2025 3. The maximum amount of this Agreement is: $200,000.00 Two hundred thousand and 00/100 dollars 4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement. Exhibits Title Pages Exhibit A Scope of Work 5 Exhibit A, Attachment 1* Project Overview and Narrative* 0 Exhibit B Budget Detail and Payment Provisions 4 Exhibit B, Attachment 1 Budget Summary 1 Exhibit B, Attachment 2 Travel and Per Diem Guidelines 5 Exhibit C General Terms & Conditions 11 Items shown with an asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto. IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO. CONTRACTOR CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP PRINTED NAME OF PERSON SIGNING TITLE CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED STATE OF CALIFORNIA CONTRACTING AGENCY NAME California Department of Aging CONTRACTING AGENCY ADDRESS 2880 Gateway Oaks Drive, Suite 200 CITY Sacramento STATE CA ZIP 95833 PRINTED NAME OF PERSON SIGNING Nate Gillen TITLE Chief, Business Management Bureau CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION (If Applicable) SCM Vol. 1, 4.04 A.4 Attachment 1 This page is left blank intentionally. California Department of Aging City of Azusa Local Aging and Disability Action Planning Grant Grant Agreement Number: LA-2324-17 Page 1 of 2 GRANT AGREEMENT 1. GRANT AGREEMENT PARTIES City of Azusa, hereafter referred to as Grantee, and the California Department of Aging (referred to as CDA, or Grantor, or the State) (each a Party, and collectively the Parties) enter into this agreement (Agreement) to provide services under the Local Aging and Disability Action Planning Grant (LADAP) Program administered by the California Department of Aging as detailed pursuant to the terms and conditions of this Agreement below. 2. GRANT PERFORMANCE PERIOD All work performed must be completed during the grant performance period from July 1, 2023 to March 31, 2025. No invoices or claims for reimbursement for goods purchased or services performed, after March 31, 2025, will be processed or paid by the State. 3. GRANT AGREEMENT MANAGERS The Grant Agreement Managers during the term of this Agreement shall be: California Department of Aging Grantee: Section/Unit: Division of Research, Policy, and Equity Attention: Jacqueline Siukola Tompkins Address: 2880 Gateway Oaks Drive, Ste. 200 Sacramento, CA 95833 Phone: (916) 247-0892 Email: Jacqueline.tompkins@aging.ca.gov Grant Program Email: MPALocalSupport@aging.ca.gov Either Party may make changes to the contact names or information above by giving written notice to the other Party. Said changes shall not require an amendment to this Agreement. 4. BACKGROUND All Californians should have the opportunity to age with dignity in the setting of choice, regardless of age, disability, race, ethnicity, immigration status, religion/faith, income, geography, sexual orientation, gender identity, language, or family status. CDA’s programs, planning, and partnerships aim to: California Department of Aging City of Azusa Local Aging and Disability Action Planning Grant Grant Agreement Number: LA-2324-17 Page 2 of 2 • Expand culturally relevant and accessible services to older adults, people with disabilities, caregivers, and families. • Address health and other inequities that can become cumulative with age. • Combat racism, ageism, ableism, and biases in aging and disability systems of care. By 2030, 10.8 million Californians will be age 60 or over, representing one quarter of the state’s population. This growth rate is larger than any other age group. Older adults have many essential roles in California’s communities: workers, business owners, volunteers, community leaders, mentors, lifelong learners, neighbors, friends, family members, and more. Each of these roles can provide a vital sense of purpose at any age. However, over two million Californians aged 60 and over are economically insecure, struggling to afford the rising costs of housing, health, and care. Almost 30% of older Californians are considered poor or near poor, and significant economic disparities exist and older Californians are the fastest growing age group experiencing homelessness. To meet the needs of the growing population of older adults and people with disabilities, as well as ensure that California harnesses their contributions and value, Governor Newsom issued an Executive Order (EO) in June 2019 calling for the creation of a Master Plan for Aging (MPA) for the state (EO N-14- 19). The EO affirmed the priority of the health and well-being of older Californians and the need for policies that promote healthy aging and called for a “blueprint” for state government, local government, the private sector, and philanthropy to prepare the state for the coming demographic changes and to continue California’s leadership in aging, disability, and equity. California released its MPA in January 2021, outlining five bold goals and twenty-three strategies to build a California for All Ages & Abilities by 2030. California utilizes a Data Dashboard for Aging, a MPA Implementation Tracker, and shares Progress Updates to track and measure advancements made toward the MPA’s five goals listed below: 1. Goal 1: Housing for All Stages and Ages 2. Goal 2: Health Reimaged 3. Goal 3: Inclusion & Equity, Not Isolation 4. Goal 4: Caregiving that Works 5. Goal 5: Affording Aging Additionally, in June 2021, California became the 8th state to join the AARP Network of Age- Friendly States and Communities. As Californians, we can create communities where people of all ages and abilities are engaged, valued, and afforded equitable opportunities to thrive as we age, how and where we choose. The Local Age and Disability Action Planning (LADAP) grant program is a planning and capacity- building grant program focused on supporting communities and populations that have been historically under-resourced and under-served. The local age- and disability-friendly plan developed under this agreement is aimed at improving a community’s livability for people of all ages centered on equity, cultural competency, community engagement, and disability inclusion principles and practices. California Department of Aging City of Azusa Local Aging and Disability Action Planning Grant Grant Agreement Number: LA-2324-17 Page 1 of 5 EXHIBIT A SCOPE OF WORK 1. GRANTEE RESPONSIBILITIES Grantee shall be responsible for executing the following activities resulting in a local age and disability-friendly plan (defined as Local Plan for the remainder of the agreement): A. Build Community Awareness: i. Convene community information and education opportunities to share the benefits of planning and developing a cross-sector action plan to meet current, emerging, and future aging and disability-related needs. B. Establish an Advisory Committee and Gain Community Leader Support: 1. Engage regularly with local leaders and local elected officials (e.g., Board of Supervisors, City Council, City Mayor, Tribal governing body, or similar decision- making entity) to garner support and align the Local Plan work to other community priorities, goals, and initiatives. 2. Form a local Advisory Committee that represents the community’s diversity, key community champions, local leaders and decision-makers, and cross-sector leadership to guide and provide input on the grant program’s activities (listed below). The Advisory Committee must include aging and disability professionals, service providers, and organizations. The Advisory Committee should meet regularly to plan and develop the Local Plan, monitor progress, and evaluate the Local Plan. 3. Apply for and enroll in the AARP Network of Age Friendly States and Communities. C. Conduct a Community Assessment: 1. Plan, coordinate, and conduct accessible and culturally responsive and linguistically appropriate community assessment activities to understand the community’s needs and identify community assets and gaps and establish a baseline. 2. Develop a community outreach plan to reach diverse community groups. The number of and participation in community assessments activities in the outreach plan must include a representative sample of the community and population groups being served. Community assessments should reflect the diversity of the community and input and feedback from key populations groups and organizations. 3. Analyze, summarize, report, and make publicly available (e.g., share on a webpage) the findings from reviewing the existing data sources and conducting community assessment activities to the Advisory Committee, the community, local leaders, elected officials, and cross-sector strategic partners. D. Collaborate Across Partners & Sectors to Identify Local Aging and Disability Priorities: 1. Facilitate planning and priority-setting meetings and convenings to develop a cross- sector, community-driven, and action-oriented Local Plan that improves a community’s livability for people of all ages and is centered on equity, cultural competency, community engagement, and disability inclusion strategies. 2. The identification of goals and priority initiatives, which account for the community’s assets, needs, and gaps in collaboration with the Advisory Council, the community, local leaders, elected officials, and cross-sector strategic partners. California Department of Aging City of Azusa Local Aging and Disability Action Planning Grant Grant Agreement Number: LA-2324-17 Page 2 of 5 E. Develop a Local Plan: 1. Develop a Local Plan with a clear scope of work with goals, objectives, strategies, resources/inputs, and evaluation measures to support the priority initiatives identified with community partners. The Local Plan will include: a. A cover page. b. An executive summary or letter from the community’s leader(s)/elected official(s). c. The table of contents. d. A community profile that describes the demographic and social characteristics of the community. e. An introduction to the Local Plan highlighting the key community priority initiatives with a clear alignment to equity and cultural competency principles and practices, and disability inclusion strategies, and a commitment to implementation, sustainability, and improvements. f. Vision, mission, and values statements. g. Priority initiatives, each with identified goals (at least 1 short-term goal and 2 long-term goals) (i.e., what you hope to achieve, the outcomes, changes, and results you desire to occur as a result of the Local Plan). h. Activities to support achieving each goal’s objective. Objectives should be formatted as S.M.A.R.T. objectives (specific, measurable, achievable, realistic, and time-bound). i. Identification of the group(s) or individual(s) responsible for each activity. j. Description of the inputs for completing the task (i.e., resources that are put into the plan or factors that facilitate its success). k. Identification of the progress indicators for each goal’s objective to assess and monitor progress. 2. Obtain final support and approval of the Local Plan by the Advisory Committee and an elected official or governing body. F. Early Implementation: 1. Approve, publicly release, and promote the Local Plan (e.g., share on a webpage). 2. Increase and raise public awareness and promotion of the Local Plan (e.g., convene and host accessible and culturally and linguistically appropriate aging and disability- friendly community forums, workshops, and events; and develop press releases and talking points. 3. Participate in local aging and disability-friendly grant program webinars, learning collaboratives, and peer-to-peer networks [e.g., AARP Network of Age-Friendly States and Communities, those offered by CDA and/or its designee, and other state and local partners). 4. (Optional) Consider applying for membership to additional age- and disability-friendly networks (e.g., World Health Organization Age-Friendly World and Dementia-Friendly America). G. Periodic Grantee Reporting: 1. During the project period, the Grantee will complete two (2) progress reports and one (1) final report. Data and information from these reports will be used for evaluation, analysis, and monitoring of project progress and performance toward the identified project goals and objectives. The Grantee will be provided additional instructions and report templates, after the grant program period begins. California Department of Aging City of Azusa Local Aging and Disability Action Planning Grant Grant Agreement Number: LA-2324-17 Page 3 of 5 • 6-Month Progress Report: Due to CDA electronically on January 31, 2024 (Anticipated components of the progress report include, but are not limited to, status of project activities and deliverables, staffing, challenges, successes, and outcome data) • 12-Month Progress Report: Due to CDA electronically on July 31, 2024. (Anticipated components of the progress report include, but are not limited to, status of project activities and deliverables, staffing, challenges, successes, and outcome data). • Final Report: Due to CDA electronically on March 31, 2025. (Anticipated components of the final report include, but are not limited to, the Local Plan and at least one success story). 2. During the project period, the Grantee will submit at least one success story or lesson learned. The success story is a deliverable of the final report and due to CDA electronically on March 31, 2025. 3. During the project period, the Grantee will meet with CDA via conference call or virtually to discuss both the programmatic and fiscal elements of the grant program and to receive technical assistance (TA). H. Participation in Technical Assistance & Program Evaluation: 1. As part of the program, the Grantee shall have access to and be expected to participate in technical assistance (TA) that the CDA-contracted evaluation partner and CDA are providing. Technical assistance may include a combination of group webinars, community discussion boards, and learning and discussion sessions with fellow LADAP grantees and subject matter experts. 2. The Grantee is expected to collaborate on and participate in program evaluation activities as identified and directed by the CDA-contracted evaluation partner. These activities may include, but are not limited to, participant and partner surveying, focus groups, collection of program and output data, other stakeholder engagement and feedback processes, and additional data collection as identified. I. Participate in a Local Implementation Survey: 1. The Grantee will participate in an annual MPA Local Implementation Survey administered by CDA or its designated representative(s). J. Allowable Use of Funds: 1. Staff expenses, including fringe benefits. 2. Operating expenses, including office supplies & minor equipment (unit cost under $5000). 3. Subcontractors/Consultants 4. Community engagement and meeting expenses. 5. Travel and transportation [costs cannot exceed those outlined by the California Department of Human Resources (CalHR): https://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx]. 6. Training (grantees are required to obtain prior approval from CDA before registering and attending trainings. Training funds may not be applied to standard staff meetings or training sessions held for the staff of the grantee to conduct routine business matters). California Department of Aging City of Azusa Local Aging and Disability Action Planning Grant Grant Agreement Number: LA-2324-17 Page 4 of 5 7. Other direct costs. 8. Incentives (may not exceed $50 per participant. The Grantee is required to develop and maintain a tracking log/system to monitor the purchase and community distribution of incentives). 9. Indirect Costs [maximum ten percent (10%) of the modified total direct costs (MTDC). MTDC equals the sum of personnel services, operating expenses, travel, and up to the first $25,000 of contracting expenses. MTDC does not include expenses for equipment.] 2. APPROVALS A. The Grantee shall obtain CDA’s prior written approval of Grantee’s Budget and Work Plan Adjustments during the contract period, if unanticipated changes occur that impact the scope of work and/or budget. No later than sixty (60) calendar days prior to the requested implementation date, the Grantee must submit the changes via email to CDA. The changes must be approved by CDA prior to the changes being implemented. A formal contract amendment may be required based on those changes. CDA reserves the right to request additional information or documentation to approve or deny adjustments. B. All approvals, orders for correction, or disapprovals from CDA shall be in writing. If the CDA rejects a program description, Grantee shall make required corrections within the time frame required by CDA. 3. CDA RESPONSIBILITIES A. CDA Grant Agreement Manager shall provide guidance, information, and access to CDA staff as required by the Grantee to provide services under this Agreement. B. CDA shall approve the program description and other deliverables mentioned herein in a timely manner. 4. DELIVERABLES AND TIMELINE See Exhibit A, Attachment 1 for additional timeline information. July to August 2023 ● Initial onboarding meeting with CDA. ● Meeting with state-contracted program evaluator. August 2023 to January 2024 ● Participate in program evaluation activities. ● Participate in technical assistance and training webinars. ● Participate in technical assistance office hours. ● Met with CDA and state-contracted program evaluator. January 31, 2024 ● 6-Month Progress Report: Due to CDA electronically. Anticipated components of the progress reports include, but are not limited to, status of project activities and California Department of Aging City of Azusa Local Aging and Disability Action Planning Grant Grant Agreement Number: LA-2324-17 Page 5 of 5 deliverables, staffing, challenges, successes, and outcome data. February 2024 – July 2024 ● Participate in program evaluation activities. ● Participate in Local Implementation Survey ● Participate in technical assistance and training webinars. ● Participate in technical assistance office hours. ● Met with CDA and state-contracted program evaluator. July 31, 2024 ● 12-Month Progress Report: Due to CDA electronically. Anticipated components of the progress reports include, but are not limited to, status of project activities and deliverables, staffing, challenges, successes, and outcome data. August 2024 – March 2025 ● Participate in program evaluation activities. ● Participate in Local Implementation Survey. ● Participate in technical assistance and training webinars. ● Participate in technical assistance office hours. ● Met with CDA and state-contracted program evaluator. March 31, 2025 ● Final Report: Due to CDA electronically. Anticipated components of the final report include, but are not limited to, the Local Plan and at least one success story). California Department of Aging City of Azusa Local Aging and Disability Action Planning Grant Grant Agreement Number: LA-2324-17 Page 1 of 4 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 1. GRANT AWARD A. The total amount payable to Grantee pursuant to this Agreement shall not exceed the grant award amount of $200,000.00. B. It is agreed and understood that this grant award amount is a ceiling and that CDA will only reimburse the allowable cost of services rendered or goods purchased as authorized by CDA at or below the grant award amount. 2. EXPENDITURE OF FUNDS A. The Grantee shall expend all funds received hereunder in accordance with this Agreement. B. The Grantee agrees to include these requirements in all contracts it enters into with subcontractors to provide services pursuant to this Agreement. 3. ACCOUNTABILITY FOR FUNDS A. The Grantee shall maintain accounting records for funds received under the terms and conditions of this Agreement. These records shall be separate from those for any other funds administered by the Grantee and shall be maintained in accordance with Generally Accepted Accounting Principles and Procedures. 4. FINANCIAL MANAGEMENT SYSTEMS The Grantee shall meet the following standards for its financial management systems: A. Financial Reporting. B. Accounting Records. C. Complete Disclosure. D. Source Documentation. E. Internal Control. F. Budgetary Control. G. Cash Management (written procedures). H. Allowable Costs (written procedures). 5. FUNDING CONTINGENCIES California Department of Aging City of Azusa Local Aging and Disability Action Planning Grant Grant Agreement Number: LA-2324-17 Page 2 of 4 A. PAYMENTS: The State shall reimburse Grantee with LADAP Grant funding that has been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Agreement. The following applies to all funding within this Agreement: 1. The Grantee shall submit expenditures for the LADAP Grant in an electronic format reporting costs and funding. The Grantee shall report costs utilizing the CDA online Local Finance Reporting System (LoFRS), found at https://expenditures.aging.ca.gov. Email finance@aging.ca.gov for user access to LoFRS. Submitted invoices must reflect the amount of expenses incurred and include documentation to support the invoice. CDA will accept invoices from the Grantee by the following dates within the project period: i. October 31, 2023 ii. January 31, 2024 iii. April 30, 2024 iv. July 31, 2024 v. October 31, 2024 vi. January 31, 2025 vii. The final invoice is due by April 30, 2025, 30 days after the contract period ends. 2. Payments will be made to reimburse expenditures reported based on the invoice acceptance period listed above. CDA shall process and approve reported expenditures that are based upon actual, not estimated expenditures. CDA shall notify the Grantee of any disputed expenditures. 3. The Grantee shall submit timely expenditures to CDA. Late expenditures may lead to a delay in payment until the following invoice acceptance period listed above. 4. Upon written request by CDA, Grantee shall submit additional documentation or justification to support the reported expenditure. 5. Grantee shall be charged $75 per program funding source(s) for expedited payments to recover the fees charged by the State Controller’s Office. CDA may waive the fees on a case-by-case basis as appropriate. a. Expedite Fees I. If the agreement is executed late to no fault of CDA then the Grantee may be liable for the incurred processing fees. II. If the agreement is executed late due to CDA’s handling, then CDA shall cover the incurred processing fees. 6. The Grantee shall ensure, to the extent feasible, that all budgeted funds are expended by the expiration of this Agreement. California Department of Aging City of Azusa Local Aging and Disability Action Planning Grant Grant Agreement Number: LA-2324-17 Page 3 of 4 B. BUDGET CONTINGENCY CLAUSE: 1. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall no longer be in full force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Agreement. 2. If funding for any Fiscal Year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an Agreement amendment to Grantee to reflect the reduced amount. 3. If this Agreement overlaps Federal and State fiscal years, should funds not be appropriated by Congress or approved by the Legislature for the Fiscal Year(s) following that during which this Agreement was executed, the State may exercise its option to cancel this Agreement. 4. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by Congress or the Legislature which may affect the provisions or terms of funding of this Agreement in any manner. C. PROMPT PAYMENT CLAUSE: 1. Payment will be made in accordance with, and within the time specified in, Government Code section 927, et seq. D. BUDGET REVISIONS: 1. At the sole discretion of CDA and for the purposes of accounting, CDA may adjust the total proposed expenditure for each fiscal year as needed. In no event will this change the contract price for the services actually rendered. 2. The Grantee shall submit a revised budget to CDA for any line-item budget transfer of funds which exceeds ten percent (10%) of the total budget. E. INDIRECT COSTS: 1. CDA will allow an indirect cost rate of up to ten percent (10%) of modified total direct costs (MTDC). MTDC equals the sum of personnel services, operating expenses, travel, and up to the first $25,000 of contracting expenses. MTDC does not include expenses for equipment. This is a state funded grant, CDA will not accept a Negotiated Indirect Cost Rate Agreement (NICRA), the cap for Indirect Costs is 10%. F. FINAL EXPENDITURES AND CLOSEOUT: California Department of Aging City of Azusa Local Aging and Disability Action Planning Grant Grant Agreement Number: LA-2324-17 Page 4 of 4 1. Grantee must submit a final invoice to CDA by April 30, 2025, 30 days after the contract period ends. 2. The LADAP Financial Closeout Report shall be submitted to the CDA Local Finance Bureau by April 30, 2025. all Grantees are required to submit Closeout Reports electronically as instructed by CDA. California Department of Aging City of Azusa Local Aging and Disability Action Planning Grant Grant Agreement Number: LA-2324-17 Page 1 of 1 EXHIBIT B, ATTACHMENT 1 BUDGET SUMMARY California Department of Aging City of Azusa Local Aging and Disability Action Planning Grant Grant Agreement Number: LA-2324-17 Page 1 of 5 EXHIBIT B, ATTACHMENT 2 TRAVEL AND PER DIEM GUIDELINES Any reimbursement for authorized travel and per diem shall be at rates not to exceed those amounts paid by the State in accordance with the California Department of Human Resources’ (CalHR) rules and regulations. In State: • Mileage/Per Diem (meals and incidentals)/Lodging • https://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx This is not to be construed as limiting the Contractor from paying any differences in costs, from funds other than those provided by CDA between the CalHR rates and any rates the Contractor is obligated to pay under other contractual agreements. The Contractor agrees to include these requirements in all contracts it enters into with subcontractors to provide services pursuant to this Agreement. 1. TRAVEL AND PER DIEM REIMBURSEMENT EXPENSES A. The following rate policy is to be applied for reimbursing the travel expenses of persons under contract. The terms “contract” and/or “subcontract” have the same meaning as “grantee” and/or “subgrantee” where applicable. 1) Reimbursement for travel and/or per diem shall be at the rates established for non- represented/excluded employees. 2) Short Term Travel is defined as a twenty-four (24) hour period, and less than thirty-one (31) consecutive days, and is at least fifty (50) miles from the main office, headquarters, or primary residence. Starting time is whenever a contract or subcontract employee leaves his or her home or headquarters. “Headquarters” is defined as the place where the contracted personnel spend the largest portion of their working time and returns to upon the completion of assignments. Headquarters may be individually established for each traveler and approved verbally by the program funding the agreement. Verbal approval shall be followed up in writing or email. 3) Contractors on travel status for more than one twenty-four (24) hour period and less than thirty-one (31) consecutive days may claim a fractional part of a period of more than twenty- four (24) hours. Consult the chart appearing on page 1 of this exhibit to determine the reimbursement allowance. All lodging must be receipted. If contractor does not present receipts, lodging will not be reimbursed. California Department of Aging City of Azusa Local Aging and Disability Action Planning Grant Grant Agreement Number: LA-2324-17 Page 2 of 5 a) Lodging (with receipts): Travel Location / Area Reimbursement Rate Statewide (excluding the counties identified below) $ 90.00 plus tax Napa, Riverside, and Sacramento Counties $ 95.00 plus tax Marin $110.00 plus tax Los Angeles, Orange, and Ventura Counties and Edwards AFB, excluding the city of Santa Monica $120.00 plus tax San Diego, Monterey $125.00 plus tax Alameda, San Mateo, Santa Clara Counties $140.00 plus tax City of Santa Monica $150.00 plus tax San Francisco $250.00 plus tax Reimbursement for actual lodging expenses exceeding the above amounts may be allowed with the advance approval of the Deputy Director of CDA or his or her designee. Receipts are required. Receipts from Internet lodging reservation services such as Priceline.com, which require prepayment to that service, ARE NOT ACCEPTABLE LODGING RECEIPTS and are not reimbursable without a valid lodging receipt from a lodging establishment. b) Meal/Supplement Expenses (with or without receipts): With receipts, the contractor will be reimbursed actual amounts spent up to the maximum for each full twenty-four (24) hour period of travel. Meal / Expense Reimbursement Rate Breakfast $ 7.00 Lunch $11.00 Dinner $23.00 Incidental expenses $ 5.00 4) In computing allowances for continuous periods of travel or less than twenty-four (24) hours, consult the chart appearing on page 3 of this exhibit. 5) No meal or lodging expenses will be reimbursed for any period of travel that occurs within normal working hours unless expenses are incurred at least fifty (50) miles from headquarters. California Department of Aging City of Azusa Local Aging and Disability Action Planning Grant Grant Agreement Number: LA-2324-17 Page 3 of 5 6) If any of the reimbursement rates stated herein are changed by CDA, no formal contract amendment will be required to incorporate the new rates. However, CDA shall inform the contractor, in writing, of the revised travel reimbursement rates. 7) For transportation expenses, the contractor must retain receipts for parking; taxi, airline, bus, or rail tickets; car rental or any other travel pertaining to each trip for attachment to an invoice as substantiation for reimbursement. Reimbursement may be requested for commercial carrier fares; private car mileage; parking fees; bridge tolls; taxi, bus, or streetcar fares; and auto rental fees when substantiated by a receipt. 8) Note on use of autos: If a contractor uses his or her car for transportation, the rate of pay will be based on the Federal Standard Mileage Rate currently as of 01/01/2023, 65.5 cents per mile. If a contractor uses his or her car “in lieu of" airfare, the air coach fare will be the maximum paid by CDA. The contractor must provide a cost comparison upon request by CDA. Gasoline and routine automobile repair expenses are not reimbursable. a) Mileage reimbursement covers: (1) Gasoline (2) The cost of maintenance (oil, lube, routine maintenance) (3) Insurance (liability, damage, comprehensive and collision coverage) (4) Licensing and registration (5) Depreciation and all other costs associated with operation of the vehicle 9) The contractor is required to furnish details surrounding each period of travel. Travel expense reimbursement detail may include, but not be limited to purpose of travel, departure and return times, destination points, miles driven, mode of transportation, etc. Reimbursement for travel expenses may be withheld pending receipt of adequate travel documentation. 10) Contractors are to consult with the program with which the contract is held to obtain specific invoicing procedures. California Department of Aging City of Azusa Local Aging and Disability Action Planning Grant Grant Agreement Number: LA-2324-17 Page 4 of 5 TRAVEL REIMBURSEMENT GUIDE Length of travel period This condition exists…. Allowable Meal(s) Less than twenty-four (24) hours Travel begins at 6:00 a.m. or earlier and continues until 9:00 a.m. or later. Breakfast Less than twenty-four (24) hours Travel period begins prior to or at 4:00 p.m. and continues beyond 7:00 p.m. Dinner Twenty-four (24) hours Travel period is a full twenty- four (24) hour period determined by the time that the travel period begins and ends. Breakfast, lunch, and dinner Last fractional part of more than twenty- four (24) hours Travel period is more than twenty-four (24) hours and traveler returns at or after 8:00 a.m. Breakfast Travel period is more than twenty-four (24) hours and traveler returns at or after 2:00 p.m. Lunch Travel period is more than twenty-four (24) hours and traveler returns at or after 7:00 p.m. Dinner RECEIPT REQUIREMENTS Type of Expense Receipt Required (YES) No Receipt Required (NO) Business phone calls, faxes, office supplies, etc. X Lodging (ALL types of lodging) X Meals X California Department of Aging City of Azusa Local Aging and Disability Action Planning Grant Grant Agreement Number: LA-2324-17 Page 5 of 5 Airfare X Train X Gas for rental car and State vehicles X Parking, taxis, shuttles, streetcars, local rapid transit, and road tolls X Rental Cars X 11) At CDA’s discretion, changes or revisions made by CDA to this exhibit, excluding travel policy established by CDA may be applied retroactively to any agreement to which a Travel Reimbursement information exhibit is attached, incorporated by reference, or applied by CDA program policy. California Department of Aging City of Azusa Local Aging and Disability Action Planning Grant Grant Agreement Number: LA-2324-17 Page 1 of 11 EXHIBIT C GENERAL TERMS AND CONDITIONS 1. APPROVAL This Agreement is of no force or effect until signed by all parties. The Grantee may not expend for activities performed prior to the execution date or completed after the termination date of this Agreement. 2. ASSIGNMENT This Agreement is not assignable by the Grantee, either in whole or in part, without the consent of the CDA Agreement Manager or designee in the form of a formal written amendment. 3. GOVERNING LAW This Agreement is governed by and will be interpreted in accordance with all applicable State of California and Federal laws. 4. STATE AND FEDERAL LAW It is the responsibility of the Grantee to know and understand which state, federal, and local laws, regulations, and ordinances are applicable to this Agreement and Project. Grantee shall be responsible for observing and complying with all applicable state and federal laws and regulations, and failure to comply may constitute a material breach. 5. GRANTEE COMMITMENTS The Grantee accepts and agrees to comply with all terms, provisions, conditions, and commitments of the Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by the Grantee in the application, documents, amendments, and communications in support of its request for funding. 6. PERFORMANCE AND ASSURANCES The Grantee agrees to faithfully and expeditiously perform or cause to be performed all Project work as described in the Scope of Work. The Grantee agrees that the performance of work and services pursuant to the requirements of this Agreement shall conform to accepted professional standards, and to apply grant funds received only to allowable Project costs in accordance with applicable provisions of the law. 7. AGENCY A. In the performance of this Agreement, the Grantee and its agents, employees, and its subgrantees shall act in an independent capacity and not as officers, employees, or agents of the CDA or of the Grant Administrator. B. The Grantee is solely responsible for all activities supported by the Grant. C. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties. D. The Grantee shall not represent itself as an agent of the CDA or the Grant Administrator for any purpose and has no authority to bind the CDA or the Grant Administrator in any manner whatsoever. California Department of Aging City of Azusa Local Aging and Disability Action Planning Grant Grant Agreement Number: LA-2324-17 Page 2 of 11 8. MUTUAL LIABILITY Each party hereto agrees to be responsible and assume mutual and proportional liability for its own wrongful or negligent acts of omissions, or those of its officers, agents or employees to the full extent required by law. 9. UNENFORCEABLE PROVISION In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and will not be affected thereby. 10. CONTRACTORS/CONSULTANTS The Grantee, and the agents and employees of Grantee, in the performance of this Agreement, are not officers, employees, or agents of the CDA. The Grantee's obligation to pay its Contractors/Consultants is an independent obligation from the CDA's obligation to make payments to the Grantee. Grantee agrees to comply with all applicable State and local laws and regulations during the term of this Agreement. All Contractors/Consultants shall have the proper licenses/certificates required in their respective disciplines. The Contractors/Consultants shall not affect the Grantee’s overall responsibility for the management of the project, and the Grantee shall reserve sufficient rights and control to enable it to fulfill its responsibilities under this Agreement. 11. NON-DISCRIMINATION CLAUSE During the performance of this Agreement, Grantee and its Contractors will not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, physical or mental disability, medical condition, age, marital status, and denial family care leave. The Grantee and Contractors will ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and Contractors will comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990 et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Grantee and its Contractors will give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining unit or other Agreement. The Grantee must include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. 12. EXCISE TAX The State of California is exempt from Federal excise taxes and no payment will be made for any taxes levied on employees' wages. The CDA will pay for any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this Agreement. California may pay any applicable sales and use tax imposed by another State. 13. DISPUTES The Grantee must continue with the responsibilities under this Agreement during any dispute. In the event of a dispute, the Grantee must file a "Notice of Dispute" with the CDA Agreement Manager or designee within ten (10) calendar days of discovery of the problem. The Notice of Dispute must California Department of Aging City of Azusa Local Aging and Disability Action Planning Grant Grant Agreement Number: LA-2324-17 Page 3 of 11 contain the Agreement number. Within ten (10) calendar days of receipt of the Notice of Dispute, the Grant Administrator or designee must meet with the Grantee for the purpose of resolving the dispute. In the event of a dispute, the language contained within this Agreement prevails. 14. DISPUTE RESOLUTION In the event of a dispute, the Grantee will discuss the problem informally with the Grant Administrator. If unresolved, the Grantee shall file a written “Notice of Dispute” with the Grant Administrator within ten (10) business days of discovery of the problem. Within ten (10) days of receipt, the Grant Administrator shall meet with the Grantee for purposes of resolving the dispute. Any dispute arising under the terms of this Agreement which is not disposed of within a reasonable period of time, the Grantee may bring it to the attention of the Deputy Director of the Division of Policy, Research, and Equity (DPRE) at MPALocalSupport@aging.ca.gov. The decision of the CDA DPRE Deputy Director shall be final. Unless otherwise instructed by the Grant Administrator, the Grantee shall continue with its responsibilities under this Agreement during any dispute. 15. TERMINATION A. For Cause The State may terminate this Agreement, in whole or in part, and be relieved of any payments should the Grantee fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination, the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Grantee under this Agreement and the balance, if any, shall be paid to the Grantee upon demand. If this Agreement is terminated, in whole or in part, the State may require the Grantee to transfer title, or in the case of licensed software, license, and deliver to the State any completed deliverables, partially completed deliverables, and any other materials, related to the terminated portion of the Contract, including but not limited to, computer programs, data files, user and operations manuals, system and program documentation, training programs related to the operation and maintenance of the system, and all information necessary for the reimbursement of any outstanding claims. The State shall pay contract price for completed deliverables delivered and accepted and items the State requires the Grantee to transfer as described above. B. For Convenience The State retains the option to terminate this Agreement, in whole or in part, without cause, at the State’s convenience, without penalty, provided that written notice has been delivered to the Contractor at least ninety (90) calendar days prior to such termination date. In the event of termination, in whole or in part, under this paragraph, the State may require the Grantee to transfer title, or in the case of licensed software, license, and deliver to the State any completed deliverables, partially completed deliverables, and any other materials related to the terminated portion of the contract including but not limited to, computer programs, data files, user and operations manuals, system and program documentation, training programs related to the operation and maintenance of the system, and all information necessary for the reimbursement of any outstanding claims. The Grantee will be entitled to compensation upon submission of an invoice and proper proof of claim for the services and products satisfactorily rendered, subject to all payment provisions of the Agreement. Payment is limited to expenses necessarily incurred pursuant to this Agreement up to the date of termination. 16. FORCE MAJEURE The Grantee shall not be liable for any failure to perform as required by this Agreement, to the extent such failure to perform is caused by any of the following: labor disturbances or disputes of California Department of Aging City of Azusa Local Aging and Disability Action Planning Grant Grant Agreement Number: LA-2324-17 Page 4 of 11 any kind, accidents, failures of any required governmental approval, civil disorders, acts of aggression, acts of God, energy or other conservation measures, failure of utilities, mechanical breakdowns, materials shortages, disease, pandemics, or similar occurrences. 17. SUSPENSION OF PAYMENTS Reimbursement under this Agreement may be suspended or terminated, or both, and Grantee may be subject to debarment if CDA determines that Grantee has breached the terms of this Agreement. A determination of breach may be appealed in writing and postmarked within ten (10) calendar days of the date of notification, and emailed to the Grant Administrator, at MPALocalSupport@aging.ca.gov. 18. BREACH PROVISIONS Grantee’s failure to comply with any term of this Agreement may constitute a material breach. In the event of a material breach, the Grant Administrator shall provide a written Notice of Breach to the Grantee within ten (10) business days upon discovery of the breach. Grantee shall have ten (10) business days from receipt of the notice to cure the breach. If the Grantee fails to cure the breach within the time prescribed by this Agreement, CDA may do any of the following: A. Order the Grant Administrator to suspend payments; B. Demand repayment of all funding from the Grantee to the Grant Administrator; C. Terminate the Agreement; or D. Take any other action deemed necessary to recover costs. If CDA determines that Grantee is not in material breach but that a Project is not being implemented in accordance with the provisions of this Agreement, or that Grantee has failed in any other respect to comply with the provisions of this Agreement, and if Grantee does not remedy any such failure in a reasonable manner, CDA may order the Grant Administrator to withhold all or any portion of the grant funding and take any other action that CDA deems necessary to protect its interests. Where a portion of the grant funding has been disbursed to the Grantee and CDA or the Grant Administrator on behalf of CDA notifies Grantee of its decision not to release funds that have been withheld pursuant to Exhibit C, Suspension of Payments Provision, the portion that has been disbursed shall thereafter be repaid immediately. CDA may consider Grantee’s refusal to repay the requested disbursed amount a contract breach subject to the default provisions in Suspension of Payments Provision. If the Grant Administrator on behalf of CDA notifies Grantee of its decision to withhold the entire funding amount from Grantee pursuant to this paragraph, this Agreement shall terminate upon receipt of such notice by Grantee and CDA and the Grant Administrator shall no longer be required to provide funds under this Agreement and the Agreement shall no longer be binding on either party. In the event CDA finds it necessary to enforce this provision of this Agreement in the manner provided by law, Grantee agrees to pay all costs incurred by CDA and the Grant Administrator including, but not limited to, reasonable attorneys’ fees, legal expenses, and costs. California Department of Aging City of Azusa Local Aging and Disability Action Planning Grant Grant Agreement Number: LA-2324-17 Page 5 of 11 19. PUBLICITY AND ACKNOWLEDGEMENT The Grantee agrees that it will acknowledge CDA’s support whenever projects funded, in whole or in part, by this Agreement are publicized in any news media, brochures, publications, audiovisuals, presentations or other types of promotional material in accordance with the Grant Procedures Manual, if applicable. Grantees may not use the CDA logo. 20. NEWS RELEASES/PUBLIC CONFERENCES The Grantee agrees to notify the Grant Administrator in writing at least five (5) business days before any news releases or public conferences are initiated by the Grantee or its Contractors/Consultants regarding the project described in the Attachments, Scope of Work and Budget and any project results. 21. SCOPE OF WORK AND BUDGET CHANGES Changes to the Scope of Work, Budget, or the Project term, must be requested in writing to Grant Administrator Contact no later than sixty (60) calendar days prior to the requested implementation date. Any changes to the Scope of Work and Budget are subject to the approval of CDA and the Grant Administrator and, at its discretion, CDA may choose to accept or deny any changes. If accepted and after negotiations are concluded, the agreed upon changes will be made and become part of this Agreement. The Grant Administrator on behalf of CDA will respond in writing as to whether the proposed changes are accepted. 22. REPORTING REQUIREMENTS The Grantee agrees to comply with all reporting requirements specified in Scope of Work and/or the Grant Agreement. 23. EQUIPMENT Purchase of equipment not included in the approved Budget requires prior approval. Purchase/Use of Mobile Devices. Mobile devices/technology purchased according to this agreement shall remain the property and under the authority of the Grantee. Devices and technology shall be used for training purposes once the grant agreement has ended. Grantee shall maintain detailed and accurate records that include a description and location of the device. 24. INDEMNIFICATION Grantee agrees to indemnify, defend and save harmless the State, its officers, trustees, agents and employees from any and all claims, losses, costs, liabilities, damages or deficiencies, including interest, penalties and attorneys’ fees, which: (i) Arise out of, are due to, or are alleged to arise out of or be due to, a breach by the Grantee of any of its representations, warranties, covenants or other obligations contained in this Agreement, or (ii) Are caused by or result from or are alleged to arise out of or result from, the Grantee’s acts or omissions constituting bad faith, willful misfeasance, negligence or reckless disregard of its duties under this Agreement, or (iii) Accrue or result, or are alleged to accrue or result, to any and all grantees, subgrantees, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement, or (iv) Arise out of, are due to, or are alleged to arise out of or be due to, any claim or allegation of infringement, misappropriation or violation of any patent, copyright, trademark, trade secret, domain name or other intellectual property right comprising or involving any of the Subject Inventions, Prior Inventions or other Inventions provided California Department of Aging City of Azusa Local Aging and Disability Action Planning Grant Grant Agreement Number: LA-2324-17 Page 6 of 11 in any way by Grantee and used, reproduced or otherwise exploited by the State in connection with any of the Agreement Programs or any Turnover thereof; or (v) Arise out of, are due to or are alleged to arise out of or be due to, any violation of HIPAA, the HIPAA Regulations, HITECH Act, other security or privacy laws, or any other laws, by Grantee or any subgrantee or agent under Grantee's control. If and to the extent that the Grantee has knowledge of a claim that it believes may develop into an action that would be subject to this Agreement, the Grantee shall promptly notify the State of the claim. Right to Tender or Undertake Defense. If the State is named a party in any judicial, administrative, or other proceeding arising out of or in connection with a breach of this Agreement or a matter for which the Grantee is obligated to indemnify the State under this Agreement, then the State will have the option at any time to either (i) tender its defense to Grantee, in which case Grantee will provide qualified attorneys, consultants, and other appropriate professionals to represent the State's interests at Grantee's expense, or (ii) undertake its own defense, choosing the attorneys, consultants, and other appropriate professionals to represent its interests, in which case Grantee will be responsible for and shall pay reasonable fees and expenses of such attorneys, consultants, and other appropriate professionals. If the State elects option (ii) above, the Grantee shall be afforded a reasonable opportunity to participate in the defense and attend the legal proceedings at its own expense; however, the State shall have sole control of the defense. Right to Control Resolution. Notwithstanding that the State may have tendered its defense to the Grantee, neither party shall settle, compromise or resolve any claims, causes of action, liabilities or damages against the State without the consent of the other party, which consent shall not be unreasonably withheld. Any such resolution will not relieve the Grantee of its obligation to indemnify the State. 25. INSURANCE A. The insurance and/or bonds identified below are a required part of this Agreement, and only those identified below have any force or effect under this Agreement. Except as set forth below, evidence of liability insurance coverage, in the form of a certificate acceptable to the State of California and the California Department of Aging (CDA), shall be provided prior to the execution of this Agreement and the commencement of services. B. The CDA reserves the right, at its sole discretion, to cancel a proposed award to Grantee which does not submit all required insurance documents in a timely manner. Should the CDA cancel a proposed award for this reason, the CDA reserves the right, at its sole discretion, to award the contract to the next lowest (or highest scoring), responsive and responsible provider. Commercial General Liability: Grantee shall maintain general liability insurance with limits of not less than $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury and property damage liability combined. The policy shall include coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, personal and advertising injury, and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought. Should Grantee use a subcontractor to complete a portion of this Agreement, Grantee shall include the subcontractor as an additional named insured under Grantee’s policy or represents and warrants that each subcontractor is insured under their own Commercial General Liability policy at the amounts specified herein. Grantee shall supply evidence of the subcontractor’s insurance to the CDA and Grant Administrator upon request. California Department of Aging City of Azusa Local Aging and Disability Action Planning Grant Grant Agreement Number: LA-2324-17 Page 7 of 11 Requirement to Insure the State: Grantee is required to name the “State of California, its officers, employees, and agents” as additional insured parties, insofar as operations under the Agreement are concerned. To satisfy this requirement, Grantee shall ensure that the following requirement(s) are met: Policy Endorsement: Grantee, when providing a signed contract to the Grant Administrator and unless otherwise directed by CDA, shall provide proof that Grantee has insured the State of California, its officers, employees, and agents. This proof shall come in the form of an endorsement to Grantee’s insurance policy (Form CG 20 10 11 85), or in the form of a copy of Grantee’s current insurance policy that shows that the policy insures all parties required to be insured by this Agreement. Motor Vehicle Liability: Grantee shall maintain motor vehicle liability insurance with limits of not less than $1,000,000 per accident. Such insurance shall cover liability arising out of an accident involving a motor vehicle in use by Grantee during the provision of services under this Agreement, including, but not limited to, Grantee owned, hired, and non-owned motor vehicles. Requirement to Insure the State: Grantee is required to name the “State of California, its officers, employees, and agents” as additional insured parties, insofar as operations under the Agreement are concerned. To satisfy this requirement, Grantee shall ensure that the following requirement(s) are met: Policy Endorsement: Grantee, when providing a signed contract to the Grant Administrator and unless otherwise specified, shall provide proof that Grantee has insured the State of California, its officers, employees, and agents. This proof shall come in the form of an endorsement to Grantee’s insurance policy, or in the form of a copy of Grantee’s current insurance policy that shows that the policy insures all parties required to be insured by this Agreement. Professional Liability: Grantee shall maintain Professional Liability insurance covering any damages caused by an error, omission, or any negligent acts. Grantee shall maintain limits of not less than $1,000,000 per claim and $2,000,000 aggregate. In the event a medical professional performing services under this Agreement is a subcontractor or is performing services through a registry, the medical professional performing the services shall be the insured and shall comply with the Professional Liability/Medical Malpractice insurance requirements of this Agreement. The prime contractor shall be responsible to enforce this provision and employ only those medical professionals meeting this requirement. Evidence of compliant insurance shall be provided to the Grant Administrator prior to the commencement of services. Workers’ Compensation: If Grantee is required by statute, regulation, or Court order, to provide Workers’ Compensation and Employer’s Liability Insurance for performance of services under this Agreement, Grantee shall carry and shall maintain sufficient and adequate insurance for all its employees who shall be engaged in the performance of this Agreement. Grantee shall maintain Employer’s Liability limits of not less than $1,000,000 per claim. Failure to maintain the insurance pursuant to this clause shall be deemed a material breach of the Agreement and CDA may terminate this Agreement for cause. California Department of Aging City of Azusa Local Aging and Disability Action Planning Grant Grant Agreement Number: LA-2324-17 Page 8 of 11 If required by CDA, in writing, Grantee shall furnish, within three (3) state business days following the Grant Administrator's request, either 1) a copy of the certificate of insurance, a “true and certified” copy of the policy, or any other proof of coverage issued by Grantee’s insurance carrier reflecting workers’ compensation coverage; or 2) written confirmation, in a manner defined by CDA, that workers’ compensation coverage is not required. Grantee also agrees to indemnify, defend, and hold harmless the state of California, CDA, its officers, agents, and employees from all claims by Grantee’s employees, agents and/or anyone representing Grantee, related to any non-performance of this section. C. Solvency and Insurance None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of Recipient. The Recipient is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. The Recipient is able to pay its debts as they become due. The Recipient maintains sufficient insurance coverage considering the scope of this Agreement, including, for example but not necessarily limited to, general liability, automobile liability, workers compensation and employer liability, professional liability. D. Term of Insurance Insurance shall be in effect for the entire term of this Agreement. If the insurance expires prior to the end of the term of the Agreement, a new certificate must be received by the Grant Administrator at least ten (10) days prior to the expiration of the insurance. E. Termination for Non-Compliance In the event Grantee fails to always keep in effect the specified insurance coverage, this failure shall be deemed a material breach of the Agreement and CDA may, in addition to any other remedies it may have, terminate this Agreement with cause upon the occurrence of such event. F. Certificate Holder and Submission Certificates of liability insurance must name CDA as a certificate holder and must be submitted to the following address: Department of Aging Attention: BMB 2880 Gateway Oaks Drive, Suite 200 Sacramento CA 95833 G. Self-Insurance Requirements For all other Grantees, for Workers’ Compensation insurance, Grantee must be listed on the Department of Industrial Relations website as having a Certificate of Consent to Self-Insure. For all other Grantees, for all other insurance categories, Grantee must provide: 1. A cover letter from Grantee’s risk manager (or similar position) providing a description of the self-insurance plan for the types of coverage required in this Agreement. The description must detail what is covered by the plan and identify the source of funds for financing the plan. 2. An audited financial report from the most recent quarter, along with any applicable accounting letters relative to the report. California Department of Aging City of Azusa Local Aging and Disability Action Planning Grant Grant Agreement Number: LA-2324-17 Page 9 of 11 3. Evidence of firm having current equity of at least $5,000,000 and current net profit of at least $500,000. 4. A signed written statement from Grantee’s Certified Public Accountant (CPA) indicating the firm’s annual net profit for the prior four (4) years has been a minimum of $500,000. Grantee agrees to submit to the Grant Administrator evidence of, upon request by CDA or Grant Administrator, and CDA reserves the right to verify, or cause to be verified, the source of funds for financing the self-insurance plan. CDA also reserves the right to require subsequent assistance from Grantee’s risk manager to provide explanations of aspects of the self-insurance plan which need clarification. Upon request by CDA, Grantee shall provide additional reasonable assurances and documentation to CDA of its ability to meet the requirements to self-insure. Grantees which are self-insured for a specific type of insurance do not need to add the State as an additional insured. 26. CLOSEOUT The Agreement will be closed out after the completion of the project or project term, receipt and approval of the final expenditure report and financial closeout report, and resolution of any performance or compliance issues. 27. CONFIDENTIAL AND PUBLIC RECORDS All parties understand that each party may come into possession of information and/or data which may be deemed confidential or proprietary by the person or organization furnishing the information or data. Such information or data may be subject to disclosure under the California Public Records Act or the Public Contract Code. CDA has the sole authority to determine whether the information is exempt from public release. If CDA deems the data exempt, CDA and the Grant Administrator shall maintain such information as confidential and notify the Grantee of any requests for release of the information. 28. AMENDMENTS Changes to funding amount or Agreement term require an amendment and must be requested in writing to the Grant Administrator no later than sixty (60) calendar days prior to the requested implementation date. Amendments are subject to CDA approval, and, at its discretion, may choose to accept or deny these changes. No amendments are possible if the Agreement is expired. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required. No verbal understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph. 29. COPYRIGHT A. The Grantee owns and retains titles to any copyrights or copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyright Act (17 U.S.C. 101, et seq.). B. The Grantee is responsible for obtaining any necessary licenses, permissions, releases or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by California Department of Aging City of Azusa Local Aging and Disability Action Planning Grant Grant Agreement Number: LA-2324-17 Page 10 of 11 third parties and for extending such licenses, permissions, releases, or authorizations to the California Department of Aging pursuant to this section. C. CDA or the Grant Administrator may upload, post, or transmit copyrighted material produced or purchased with grant funds on California Department of Aging websites including calgrows.org for public access and viewing. 30. RECORDS A. Communications, grant related documents, data, original receipts, and expenditure reports must be maintained by the Grantee and shall be made available to the Grant Administrator and CDA upon request. B. The Grantee agrees to maintain adequate grant program records and adequate financial records consistent with generally accepted accounting practices. C. The Grantee shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to the Grant Administrator and/or CDA for auditing at reasonable times. The Grantee also agrees to retain such financial accounts, documents, and records for five years following project termination or issuance of final payment, whichever is later. D. The Grantee shall keep such records as the Grant Administrator, on behalf of CDA, shall prescribe, including records which fully disclose: i. The disposition of the proceeds of CDA funding assistance; ii. The total cost of the project in connection with such assistance that is given or used; iii. The amount and nature of that portion of the project cost supplied by other sources; and iv. Any other such records that will facilitate an effective audit. E. The Grantee agrees that CDA shall have the right to inspect and make copies of any books, records, or reports pertaining to this Agreement or matters related thereto during regular office hours. The Grantee shall maintain and make available for inspection by CDA accurate records of all of its costs, disbursements and receipts with respect to its activities under this Agreement. Such accounts, documents, and records shall be retained by the Grantee for at least five years following project termination or issuance of final payment, whichever is later. F. The Grantee shall use a generally accepted accounting system as outlined within the Grant Procedures Manual. 31. SEVERABILITY If any provision of this Agreement or the application thereof is invalid, that invalidity shall not affect other provisions or applications of the Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable. 32. APPLICABLE LAW The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties California Department of Aging City of Azusa Local Aging and Disability Action Planning Grant Grant Agreement Number: LA-2324-17 Page 11 of 11 hereunder. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California. 33. AUDITS The Grantee shall maintain complete records which shall include, but not be limited to, accounting records, contracts, agreements, and general ledgers. All records pertaining to this Agreement must be made available for inspection and audit by the State or its duly authorized agents, at any time during normal business hours. Adequate source documentation of each transaction shall be maintained relative to the allowability of expenditures reimbursed by the State under this Agreement. If the allowability of expenditures cannot be determined because records or documentation of the Grantee are nonexistent or inadequate according to guidelines set forth in 2 CFR 200.302 and 45 CFR 75.302, the expenditures will be questioned in the audit and may be disallowed by CDA during the audit resolution process. In addition, the CDA Audits Branch, the Bureau of State Audits, or their designated representative, may perform fiscal and compliance audits of Grantees in accordance with Generally Accepted Government Auditing Standards (GAGAS) to ensure compliance with applicable laws, regulations, grants, and contract requirements. The CDA fiscal and compliance audits may include, but not be limited to, a review of final Grantee report, internal controls, allocation of expenditures, allowability of expenditures. 34. CERTIFICATION CLAUSES The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto. 35. CHILD SUPPORT COMPLIANCE ACT For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that: A. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and B. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. RESOLUTION NO. 2023-C40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ACCEPTING THE CALIFORNIA DEPARTMENT OF AGING LOCAL AGING & DISABILITY ACTION PLANNING GRANT AND DESIGNATING THE CITY MANAGER AS THE SIGNATORY OFFICIAL WHEREAS, The Budget Act of 2022 for the State of California allocated $4.5 million one- time General Fund dollars over three years (fiscal years 2022-2025) to the California Department of Aging to support the Local Aging & Disability Action Planning Grant Program; and WHEREAS, the City of Azusa applied and was awarded $200,000 to build community awareness and develop a cross-sector action plan that addresses aging and disability related needs; and WHEREAS, California Department of Aging requires a resolution accepting the grant award; and WHEREAS, the California Department of Aging requires a resolution identifying who has signing authority for said grant; and WHEREAS, the City of Azusa will enter into an Agreement(s) with the California Department of Aging to: 1) plan and develop a cross-sector local age-and disability-friendly plan that transforms the infrastructure and coordination of services and supports for older adults, people with disabilities, caregivers, and families; 2) elevate the strengths and voices of community members who are aging and/or living with a disability; 3) expand culturally relevant and accessible services and opportunities to older adults, people with disabilities, caregivers, and families; 4) address health and other inequities that can become cumulative with age; and 5) combat racism, ageism, and biases in aging and disability systems of care. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Azusa: 1. The City Council accepts the grant award from the California Department of Aging for the Local Aging & Disability Action Planning Grant Program; and 2.The City Council appoints the City Manager or designee, to conduct all negotiations, and to execute and submit all documents including, but not limited to, applications, agreements, amendments, payment requests and so forth, which may be necessary for the completion of projects or programs. PASSED, APPROVED AND ADOPTED this 21st day of August, 2023. Robert Gonzales Mayor ATTEST: Attachment 2 Jeffrey Lawrence Cornejo, Jr. City Clerk