04-21-2020 - AGENDA ITEM 12 CONSIDERATION OF PROPOSED AMENDMENTS TO THE COMMUNITY DEVELOPMENT BLOCK GRANT FY 2015-2020 CONSOLIDATED PLAN, FY 2019-2020 ACTION PLAN, AND CITIZEN PARTICIPATION PLAN AND APPROVAL OF AGREEMENT WITH ALTAMED FOR COVID-19 TESTINGAGENDA ITEM NO. 12
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AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: April 21, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF PROPOSED AMENDMENTS TO THE COMMUNITY
DEVELOPMENT BLOCK GRANT FY 2015-2020 CONSOLIDATED PLAN, FY 2019-2020
ACTION PLAN, AND CITIZEN PARTICIPATION PLAN AND APPROVAL OF
AGREEMENT WITH ALTAMED FOR COVID-19 TESTING
RECOMMENDATION:
That the City Council take the following actions:
1. Approve the proposed amendments to the CDBG FY 2015-2020 Consolidated Plan, FY 2019-2020 Action
Plan, and Citizen Participation Plan;
2. Ratify the agreement with A1taMed Health Services Corporation for a grant of up to $187,500 for COVID-19
testing operations; and
3. Approve the following Resolution:
RESOLUTION NO.2020-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL
YEAR COMMENCING JULY 1, 2019 AND ENDING JUNE 30, 2020 (CDBG-CV)
BACKGROUND:
The City receives Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and
Urban Development (HUD). The overall objective of the federal program is to develop viable urban communities
by providing decent housing and a suitable living environment, and expand economic opportunities principally for
low and moderate income persons.
On June 4, 2019, the City Council approved the City's FY 2019-2020 Action Plan, which describes how funds will
be used to achieve community development goals. According to HUD regulations, these plans can be amended at
any time, with proper notice and considered in a public hearing.
On March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Security Act, also
referred to as the CARES Act, a $2 trillion emergency package intended to support individuals and businesses
affected by the COVID-19 pandemic and economic downturn. The CARES Act provides $5 billion in federal
Community Development Block Grant Coronavirus (CDBG-CV) funding to prevent, prepare for, and respond to
COVID-19. West Covina was allocated $473,804 in CDBG-CV funding (Attachment No. 1). The funding will be
administered under CDBG regulations, with specific waivers and flexibilities from HUD.
On April 6, 2020, HUD issued a Quick reference Guide to CDBG Eligible Activities related to Coronavirus
(Attachment 2). One of the listed eligible activities is providing testing, diagnosis or other services at a fixed or
mobile location.
DISCUSSION:
A1taMed Health Services Corporation is a non-profit health care provider that has established outdoor assessment
centers, including one in West Covina, where members of the community, both patients and non -patients, can be
evaluated for COVID-19 rapidly. A1taMed has requested financial assistance to help fund COVID-19 evaluation
operations. The City has worked with HUD and received a determination that the activity is eligible under the
program (Attachment No. 3). However, HUD has not granted final approval of the testing program because the
final program guidelines have not been promulgated. But time is of the essence given the local, State and National
emergency created by the COVID-19 pandemic, therefore the City Manager, acting pursuant to his authority as the
City's Director of Emergency Services, executed the Agreement with A1taMed on behalf of the City. Under Chapter
8 of the West Covina Municipal Code the City Council must ratify the agreement. The COVID-19 testing program
meets the HUD national objectives as outlined in the Agreement and A1taMed is required to collect data on clients
served and meet HUD reporting requirements. A copy of the executed Agreement is included (Attachment No. 4).
Consistent with guidance received from HUD on April 13, 2020 (Attachment No. 5), the City is proposing to
amend its FY 2015-2020 Consolidated Plan and FY 2019-2020 Action Plan to include CDBG-CV funding and
CDBG-CV funded activities. Pre -award costs for such activities may be incurred, consistent with HUD regulations
(24 CFR 270.200(h).)
Proposed amendments consist of including $473,804 in CDBG-CV funding for public service activities in the FY
2015-2020 Consolidated Plan and FY 2019-2020 Action Plan, including:
• $187,500 for A1taMed for COVID-19 Testing
• $150,000 for Food Banks
• $136,304 for Meals and Delivery for Seniors and Homebound
The City is also proposing to amend its Citizen Participation Plan (CPP), which sets forth policies and procedures
for participation relative to the Consolidated Plan, Strategic Plan, and Action Plan. Currently, the public comment
period on an amendment that is considered substantial is 30 days and requires approval in a public hearing.
Consistent with HUD guidance to establish expedited procedures, for the duration of the COVID-19 pandemic, the
City is proposing to amend its CPP in accordance with guidance from HUD as follows:
• All amendments will be considered "non -substantial."
• The public comment period will be noticed and shall be for at least a 5-day period that can run concurrently
for comments on the Action Plan amendments and amended Citizen Participation Plan.
• In -person public hearings are not required. While health authorities recommend social distancing and
limiting public gatherings for public health reasons, public hearings will be conducted virtually with
reasonable notification and access for citizens, timely responses to citizen questions, and public access to all
questions and responses.
These changes require the City to amend its FY 2015-2020 Consolidated Plan, FY 2019-2020 Action Plan, and
Citizen Participation Plan. The CARES Act requires a 5-day public review period. The public review period began
on April 16, 2020. No comments have been received as of the writing of this report.
The proposed amendments to the Consolidated Plan require HUD approval.
LEGAL REVIEW:
The City Attorney's Office has reviewed and approved the proposed Agreement and the resolution as to form.
OPTIONS:
The City Council has the following options:
1. Approve the staff recommendation; or
2. Provide alternative direction.
Prepared by: Kelly McDonald, Public Services Manager
Fiscal Impact
FISCAL IMPACT:
Based on the allocation of $473,804 in CDBG-CV fund through the CARES Act, there will be sufficient funding
available to carry out the proposed amendments. Approval of the attached budget amendment is necessary to
appropriate funding (Attachment No. 6). There will be no impact to the General Fund resulting from the
amendments. If the program is not approved by HUD, another source of funding would need to be identified to
cover the cost of the COVID-19 testing project.
Attachments
Attachment No. 1 - CDBG-CV Allocation Letter
Attachment No. 2 - CDBG Quick Reference Guide
Attachment No. 3 - HUD Letter re Eligibility of Test Center
Attachment No. 4 - Executed Agreement A1taMed
Attachment No. 5 - CARES Flexibilities
Attachment No. 6 - Resolution 2020-25 (CDBG Budget Amendment)
CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability
Protect Public Safety
ATTACHMENT NO.1
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
_L P�IrILIJNIII�� WASHINGTON, DC 20410-7000
ASSISTANT SECRETARY FOR
COMMUNITY PLANNING AND DEVELOPMENT
April 2, 2020
The Honorable Tony Wu
Mayor of West Covina
1444 W. Garvey Avenue
West Covina, CA 91790-2716
Dear Mayor Wu:
I am pleased to inform you of a special allocation to your jurisdiction of Community
Development Block Grant funds to be used to prevent, prepare for, and respond to the coronavirus
(COVID-19). This allocation was authorized by the Coronavirus Aid, Relief, and Economic
Security Act (CARES Act), Public Law 116-136, which was signed by President Trump on March
27, 2020, to respond to the growing effects of this historic public health crisis.
The CARES Act made available $5 billion in Community Development Block Grant
Coronavirus (CDBG-CV) funds. Of this amount, the Department is immediately allocating $2
billion based on the fiscal year 2020 CDBG formula. The remaining $3 billion shall be allocated
based on needs using best available data, in the following tranches: $1 billion shall be allocated to
States and insular areas within 45 days of enactment ofthe Cares Act, and $2 billion shall be
distributed to states and local governments at the discretion of the Secretary. Up to $10 million will
be set aside for technical assistance. Given the immediate needs faced by our communities, the
Department has announced the first allocation of funds. Your jurisdiction's allocation is $473,804.
The CARES Act adds additional flexibility for both the CDBG-CV grant and, in some cases,
for the annual FY2020 CDBG grants in these unprecedented times. The public comment period is
reduced to not less than 5 days, grantees may use virtual public hearings when necessary for public
health reasons, the public services cap is suspended during the emergency, and States and local
governments may reimburse costs of eligible activities incurred for pandemic response regardless of
the date.
In addition, the CARES Act authorizes the Secretary to grant waivers and alternative
requirements of statutes and regulations the Secretary administers in connection with the use of
CDBG-CV funds and fiscal year 2019 and 2020 CDBG funds (except for requirements related to
fair housing, nondiscrimination, labor standards, and the environment). Waivers and alternative
requirements can be granted when necessary to expedite and facilitate the use of funds to prevent,
prepare for, and respond to coronavirus.
The Department is developing a notice that will further describes the CARES Act's
provisions, a Quick Guide to the CARES Act flexibilities and other provisions, and other resources
to enable swift implementation of CDBG-CV grants. As these become available, they will be
www.hud.gov cspanol.hud.gov
posted on HUD's website and distributed to grantees. The Department will also support grantees
with technical assistance.
As you develop your plan for the use of these grant funds, we encourage you to consider
approaches that prioritize the unique needs of low- and moderate —income persons and the
development of partnerships between all levels of government and the private for -profit and non-
profit sectors. You should coordinate with state and local health authorities before undertaking any
activity to support state or local pandemic response. CDBG-CV grants will be subject to oversight,
reporting, and requirements that each grantee have adequate procedures to prevent the duplication
of benefits. HUD will provide guidance and technical assistance on DOB and regarding prevention
of fraud, waste, and abuse and documenting the impact of this program for beneficiaries.
The Office of Community Planning and Development (CPD) is looking forward to working
with you to successfully meet the urgent and complex challenges faced by our communities. If you
or any member of your staff has questions, please contact your local CPD Field Office Director or
CPDOuestionsAnsweredLcbhud.gov.
Sincerely,
A61W
John Gibbs
Acting Assistant Secretary
for Community Planning and Development
U.S. Department of Housing and Urban Development
ATTACHMENT NO.2
Quick Guide to CDBG Eligible Activities to Support Coronavirus and Other Infectious Disease Response
REVISED April 6, 2020
Grantees should coordinate with local health authorities before undertaking any activity to support state or local pandemic
response. Grantees may use Community Development Block Grant (CDBG) funds for a range of eligible activities that
prevent and respond to the spread of infectious diseases such as the coronavirus.
Examples of Eligible Activities to Support Coronavirus and Other Infectious Disease Response
For more information, refer to applicable sections of the Housing and Community Development Act of 1974 (for
State CDBG Grantees) and CDBG regulations (for Entitlement CDBG grantees).
uildings and Improvements, Including Public Facilities
Acquisition, construction,
Construct a facility for testing, diagnosis, or treatment.
reconstruction, or installation
of public works, facilities, and
Rehabilitate a community facility to establish an infectious disease treatment clinic.
Acquire and rehabilitate, or construct, a group living facility that may be used to
centralize patients undergoing treatment.
site or other improvements.
See section 105(a)(2) (42
U.S.C. 5305(a)(2)); 24 CFR
570.201(c).
Rehabilitation of buildings and
Rehabilitate a commercial building or closed school building to establish an infectious
improvements (including
disease treatment clinic, e.g., by replacing the HVAC system.
interim assistance).
See section 105(a)(4) (42
U.S.C. 5305(a)(4)); 24 CFR
Acquire, and quickly rehabilitate (if necessary) a motel or hotel building to expand
capacity of hospitals to accommodate isolation of patients during recovery.
Make interim improvements to private properties to enable an individual patient to
570.201(f); 570.202(b).
remain quarantined on a temporary basis.
Assistance to Businesses, including Special Economic Development Assistance
Provision of assistance to
Provide grants or loans to support new businesses or business expansion to create jobs
private, for -profit entities,
and manufacture medical supplies necessary to respond to infectious disease.
when appropriate to carry out
an economic development
project.
See section 105(a)(17) (42
Avoid job loss caused by business closures related to social distancing by providing
short-term working capital assistance to small businesses to enable retention of jobs
held by low- and moderate -income persons.
U.S.C. 5305(a)(17)); 24 CFR
570.203(b).
Provision of assistance to
Provide technical assistance, grants, loans, and other financial assistance to establish,
microenterprises.
stabilize, and expand microenterprises that provide medical, food delivery, cleaning,
See section 105(a)(22) (42
and other services to support home health and quarantine.
U.S.C. 5305(a)(22)); 24 CFR
570.201(o).
ovision of New or Quantifiably Increased Public Services
Following enactment of the
Carry out job training to expand the pool of health care workers and technicians that
CARES Act', the public
are available to treat disease within a community.
services cap' has no effect on
CDBG-CV grants and no
Provide testing, diagnosis or other services at a fixed or mobile location.
Increase the capacity and availability of targeted health services for infectious disease
effect on FY 2019 and 2020
CDBG grant funds used for
response within existing health facilities.
coronavirus efforts.
Provide equipment, supplies, and materials necessary to carry -out a public service.
See section 105(a)(8) (42
Deliver meals on wheels to quarantined individuals or individuals that need to
U.S.C. 5305(a)(8)); 24 CFR
570.201(e).
maintain social distancing due to medical vulnerabilities.
Planning, Capacity Building, and Technical Assistance
States only: planning grants
Grant funds to units of general local government may be used for planning activities
and planning only grants.
in conjunction with an activity, they may also be used for planning only as an activity.
See section 105(a)(12).
These activities must meet or demonstrate that they would meet a national objective.
These activities are subject to the State's 20 percent administration, planning and
technical assistance cap.
States only: use a part of to
Grant funds to units of general local government to hire technical assistance providers
support TA and capacity
to deliver CDBG training to new subrecipients and local government departments that
building.
are administering CDBG funds for the first time to assist with infectious disease
See section 106(d)(5) (42
response. This activity is subject to the State's 3 percent administration, planning and
U.S.C. 5306(d)(5).
technical assistance cap.
Entitlement only: data
Gather data and develop non -project specific emergency infectious disease response
gathering, studies, analysis,
plans.
and preparation of plans and
the identification of actions
that will implement such
plans. See 24 CFR 570.205.
Planning Considerations
Infectious disease response conditions rapidly evolve and may require changes to the planned use of funds:
• CDBG grantees must amend their Consolidated Annual Action Plan (Con Plan) when there is a change to the
allocation priorities or method of distribution of funds; an addition of an activity not described in the plan; or a
change to the purpose, scope, location, or beneficiaries of an activity (24 CFR 91.505).
• If the changes meet the criteria for a "substantial amendment" in the grantee's citizen participation plan, the
grantee must follow its citizen participation process for amendments (24 CFR 91.105 and 91.115).
• Under the CARES Act, CDBG grantees may amend citizen participation and Con Plans concurrently in order to
establish and implement expedited procedures with a comment period of no less than 5-days.
Resources
The Department has technical assistance providers that may be available to assist grantees in their implementation of
CDBG funds for activities to prevent or respond to the spread of infectious disease. Please contact your local CPD Field
Office Director to request technical assistance from HUD staff or a TA provider.
• Submit your questions to: CPDQuestionsAnswered@hud.gov
• Coronavirus (COVID-19) Information and Resources: https://www.hud.izov/coronavirus
• CPD Program Guidance and Training: https://www.hudexchan eg info/program-sLipporU
1 On March 27, 2020, President Tromp approved the Comnavims Aid, Relief, and Economic Security Act (Public Law 116-136) (CARES Act). The
CARES Act makes available $5 billion in CDBG coronavims response (CDBG-CV) funds to prevent, prepare for, and respond to comnavims.
2 Section 105(a)(8) of the HCD Act caps public service activities at 15 percent of most CDBG grants. Some grantees have a different percentage cap.
ATTACHMENT NO.3
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
* °
Los Angeles Field Office, Region IX
oL III�III
300 N. Los Angeles Street, Suite 4054
Los Angeles, CA 90012
Dave Carmany, City Manager April 9, 2020
City of West Covina
1444 West Garvey Ave., S
West Covina, CA 91490
Dear Mr. Carmany,
Subject: CDBG CV CARES Act Allocation
Eligibility of COVID-19 Test Site
The City of West Covina asked a question regarding the use of CDBG COVID (CDBG-CV)
funds for a screening and testing operation in partnership with A1taMed, a non-profit medical
services provider. HUD regulations permit the provision of testing, diagnosis, or other services at a
fixed or mobile location so long as it can be documented that the service represents a new or
quantifiable increase in services (see section 105(a)(8) (42 USC 5305(a)(8); 24 CFR part
570.201(e)). Activities funded with CDBG-CV must relate to the grantee's plan to respond to the
impact of the COVID-19 virus. HUD does not limit the amount of CDBG-CV funds a grantee may
allocate for public services. The Department is also allowing CDBG grantees to exclude eligible
COVID-19 activities from the 15% public services cap for the 2019 and 2020 program years.
While COVID-19 medical services is an eligible public service, the activity must also meet
a national objective (outlined at 24 CFR part 570.208). In the design of its program, it is important
for the City to consider the national objective to be achieved, in part because each poses a unique
challenge with respect to documenting the eligibility of beneficiaries. Depending upon its program
design, the City may find it in its interests to use both the Low -Moderate Income and Urgent Need
national objectives to maximize the use of CDBG-CV funds. We encourage you to work with our
office to get specific guidance on the benefits of utilizing both national objectives.
As you develop your plan to use these grant funds, we encourage you to consider
approaches that prioritize the unique needs of low- and moderate —income persons. It is also vital
that the City coordinate with state and local health authorities before undertaking any activity to
support state or local responses to the pandemic.
CDBG-CV grants are subject to oversight and reporting requirements. The City will also
have to comply with regulations that each grantee institute procedures to prevent the duplication of
benefits (DOB). HUD will provide guidance and technical assistance on DOB. It will also provide
the City with guidance on how to prevent fraud, waste, and abuse, and ways to document the impact
of this program on the well-being of its beneficiaries.
While the City is allowed to incur pre -award costs, the City will also need to meet the
citizen participation requirements for CARES Act funding This will necessitate the City to amend
its 2019 Annual Plan and Consolidated Plan (if necessary) and to provide a public comment period
of not less than five days.
Resources and information related CDBG-CV and HUD's other programs and activities in
response to the pandemic are available at:
httys://www.hudexchange.info/news/hud-publishes-a-cdbe-quick-guide-to-support-infectious-
disease-response/
https://www.hudexchanee info/programs/cdbg-entitlement/
Thank you for your interest in HUD programs and for your efforts in meeting the challenges
of the COVID-19 crisis. If you need additional assistance, please contact Geoffrey Gilbert, the
Senior Community Planning and Development Representative assigned to the City of West Covina
at 213-534-2563 or by e-mail at eog ffrev.i.gilbert@HUD.GOV.
Sincerely,
Rufus Washington, Director
Office of Community Planning and Development
ATTACHMENT NO.4
AGREEMENT
BETWEEN THE CITY OF WEST COVINA
AND
ALTAMED HEALTH SERVICES CORPORATION
FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
ISSUED PURSUANT TO THE CORONAVIRUS AID, RELIEF, AND ECONOMIC
SECURITY (CARES) ACT
This Agreement is made and entered into this 7th day of April, 2020 ("Effective Date")
by and between the City of West Covina, a municipal corporation of the State of California,
(hereinafter, "CITY"), and, A1taMed Health Services Corporation, a California nonprofit
corporation (hereinafter, "SUBRECIPIENT").
RECITALS:
WHEREAS, a novel coronavirus, COVID-19, causes infectious disease and was first
detected in Wuhan City, Hubei Province, China in December 2019. Symptoms of COVID-19
include fever, cough, and shortness of breath; outcomes have ranged from mild to severe illness,
and, in some cases, death; and
WHEREAS, since December 2019, the CITY declared the existence of a local
emergency, the Governor of the State of California declared a State of Emergency, and the
President of the United States declared the existence of a national emergency due to the COVID-
19 outbreak; and
WHEREAS, the World Health Organization (WHO), which initially declared the
outbreak to be a "public health emergency of international concern," on March 11, 2020,
elevated the public health emergency to the status of a pandemic; and
WHEREAS, to date, the WHO has reported over 1.2 million confirmed cases of COVID-
19 globally, including over 67,000 deaths. In the United States, the Centers for Disease Control
and Prevention (CDC) has reported over 330,000 confirmed cases, including over 8,900 deaths.
In California, the California Department of Public Health (CDPH) has reported over 13,000
confirmed cases, including over 300 deaths. In Los Angeles County, the County Department of
Public Health has reported over 6,000 confirmed cases, including over 140 deaths and 15 cases
in West Covina. Health officials expect the number of cases in California, the United States, and
worldwide to increase; and
WHEREAS, on March 27, 2020, the President signed into law the Coronavirus Aid,
Relief, and Economic Security Act, also referred to as the CARES Act (H.R. 748) (hereinafter,
"CARES Act'), a $2 trillion emergency package intended to support individuals and businesses
affected by the COVID-19 pandemic and economic downturn; and
WHEREAS, the CARES Act provides $5 billion to the federal Community Development
Fund to prevent, prepare for, and respond to COVID-19; and
WHEREAS, the United States Department of Housing and Urban Development
(hereinafter, "HUD") has allocated $473,804.00 in CARES Act funds to CITY through HUD's
Community Development Block Grant ("CDBG") Program, for activities authorized under Title
I of the Housing and Community Development Act of 1974 (42 U.S.C. § 5301 et seq.)
(hereinafter "HCD Act"); and
WHEREAS, the primary objective of the HCD Act and the CDBG Program is the
development of viable urban communities, by providing decent housing and a suitable living
environment and expanding economic opportunities, principally for persons of low and moderate
income; and
WHEREAS, pursuant to Title 24, Part 570 of the Code of Federal Regulations (24 CFR
570, et seq.) ("CDBG Regulations"), the CITY may engage certain organizations to assist in
utilizing CDBG funds pursuant to subrecipient agreements, provided that the activities fanded
are eligible for funding and meet a national objective; and
WHEREAS, eligible activities are set forth at 24 CFR 570.201-207; and
WHEREAS, each CDBG-funded activity must meet one of the following national
objectives: (1) benefit low- and moderate -income persons; (2) prevent or eliminate slums or
blight; or (3) meet other community development needs having a particular urgency because
existing conditions pose a serious and immediate threat to the health or welfare of the
community, and other financial resources are not available to meet such needs; and
WHEREAS, SUBRECIPIENT is a health care provider that has established outdoor
assessment centers, including one in CITY, where members of the community, both patients and
non -patients, can be evaluated for COVID-19 rapidly. SUBRECIPIENT's evaluation procedures
are set forth in Exhibit "A," attached hereto and incorporated herein by reference; and
WHEREAS, SUBRECIPIENT has requested that the CITY provide financial assistance
to help fund SUBRECIPIENT's COVID-19 evaluation operations; and
WHEREAS, CITY has determined that SUBRECIPIENT's activities are eligible for
funding and meet one of the national objectives; and
WHEREAS, CITY desires to commit up to $187,500.00 of CITY's CARES Act
allocation for use by SUBRECIPIENT pursuant to this Agreement; and
WHEREAS, the CARES Act and CDBG funds (collectively referred to herein as "CDBG
funds") made available for use by the SUBRECIPIENT under this Agreement constitute a
subaward of CITY's Federal award, the use of which must be in accordance with requirements
imposed by Federal statutes, regulations, and the terms and conditions of CITY's Federal award;
and
WHEREAS, CITY's City Manager is executing this Agreement pursuant to his authority
as the Director of Emergency Services for CITY; and
WHEREAS, SUBRECIPIENT acknowledges that this Agreement is subject to
ratification by CITY's City Council; and
WHEREAS, SUBRECIPIENT represents that it has the legal authority to enter into this
Agreement and has obtained all necessary approvals to enter into this Agreement.
NOW THEREFORE, in consideration of the foregoing recitals and based on the mutual
covenants below, the parties hereby agree as follows:
A. SUBRECIPIENT OBLIGATIONS
1. Scope of Activities.
(a) Activities. The subgranting of CDBG funds to SUBRECIPIENT shall be used to provide
COVID-19 evaluation services as described in Exhibit A. The funds provided pursuant to
this Agreement shall be utilized for evaluation services provided at SUBRECIPIENT's
evaluation center located in the City of West Covina and to evaluate City of West Covina
residents to the extent practicable. SUBRECIPIENT shall obtain information from each
client relating to residency, race/ethnicity, and income level, as further detailed in this
Agreement.
(b) National Objectives. SUBRECIPIENT certifies that the activities carried out under this
Agreement shall meet the following national objective: meeting community development
needs having a particular urgency because existing conditions pose a serious and
immediate threat to the health or welfare of the community, and other financial resources
are not available to meet such needs (24 C.F.R. 570.208(c)).
(c) Performance Monitoring. CITY will monitor the performance of SUBRECIPIENT in
accordance with the regulations on Subrecipient Monitoring and Management, 2 C.F.R.
200.330 — 2 C.F.R. 200.332. Substandard performance, as determined by CITY, will
constitute noncompliance with this Agreement. If SUBRECIPIENT does not take action
to correct such substandard performance within a reasonable period of time after being
notified by CITY, CITY may initiate termination or suspension of this Agreement as set
forth herein.
2. Amount of Grant; Use of Funds.
(a) Amount of Grant. It is expressly agreed that the total amount to be paid to
SUBRECIPIENT under this agreement shall not exceed One Hundred Eighty -Seven
Thousand Five Hundred Dollars ($187,500.00).
(b) Use of Funds. SUBRECIPIENT agrees to use all CDBG funds provided by CITY to
SUBRECIPIENT pursuant to the provisions of this Agreement and applicable provisions
of law. SUBRECIPIENT's failure to perform as required may, in addition to other
remedies set forth in this Agreement, result in readjustment of the amount of CDBG
funds CITY is otherwise obligated to pay to SUBRECIPIENT under Section B of this
Agreement.
SUBRECIPIENT agrees to use said CDBG funds to pay for necessary and reasonable
costs to perform the activities set forth herein. Said amount may include wages,
administrative costs, employee benefits comparable to other similarly situated employees,
and other allowable program costs as authorized by the HCD Act.
3. Budget. SUBRECIPIENT shall complete all activities in this Agreement in accordance with
the budget set forth in Exhibit `B," attached hereto and incorporated herein (the "Budget").
SUBRECIPIENT represents that the Budget includes an accurate analysis of costs applicable
to CDBG funds pursuant to 24 C.F.R. 570.502, which includes requirements for compliance
with the Office of Management and Budget ("OMB") Administrative Requirements, Cost
Principals, and Audit Requirements for Federal Awards, 2 C.F.R. part 200 (the "Super
Circular"), in addition to other requirements. These items shall be in sufficient detail to
provide a sound basis for the City to effectively monitor performance under the Agreement.
Any changes to the Budget must be approved in writing by CITY.
4. Period of Performance. The period of performance for SUBRECIPIENT, meaning the time
during which SUBRECIPIENT may incur new obligations to carry out activities under this
Agreement, shall start following ratification of this Agreement by CITY's City Council and
end on the 30th day of June, 2020.
5. Records and Reports.
(a) Records. The SUBRECIPIENT shall maintain all records required by the CDBG
Regulations specified in 24 CFR 570.206 that are pertinent to the activities to be funded
under this Agreement and such records as may be required by CITY. Such records shall
include but not be limited to the following:
(i) Records providing a full description of each activity undertaken.
(ii) Records demonstrating that each activity undertaken meets one of the national
objectives of the CDBG Program.
(W)Records required to determine the eligibility of activities.
(iv)Financial records as required by 24 CFR 570.502. Such records shall contain
documentation of expenses as identified in the Budget set forth in Exhibit B,
including evidence of incurring the expense, invoice(s) for goods or services, all other
invoices for which CDBG funds were expended, and payment therefore.
(v) Records demonstrating client eligibility for the services provided. Such records shall
include data including, but not limited to, client name, address, income level or other
basis for determining eligibility, and description of service provided. Such
information shall be made available to CITY or its designees for review upon request.
(vi)Any such other related records as CITY may reasonably require or as required to be
maintained pursuant to the CDBG Regulations.
SUBRECIPIENT shall, upon request of CITY, prepare such reports as may be required for
CITY and/or SUBRECIPIENT to comply with the CDBG Regulations.
(b) Reports. SUBRECIPIENT shall submit regular reports to CITY on the dates listed
below, using the form described below, samples of which are attached hereto:
(1) CDBG Monthly Billing Statement (See attached Exhibit "C") (Due no later than the
15th of the following month for that billing period).
(ii) Final CDBG Program Performance Report to the CITY (See attached Exhibit "D")
(Due no later than thirty (30) days immediately following the completion of the
activities set forth in this Agreement).
(W)Any such other reports as CITY shall reasonably require.
6. Program Income. Transfers of grant funds by the CITY to the SUBRECIPIENT shall be
adjusted according to the principles described in 24 C.F.R. 570.504(b)(2)(i) and (ii). Any
program income on hand when this Agreement expires, or received after this Agreement's
expiration, shall be paid to the CITY as required by Section A.16 of this Agreement and 24
C.F.R. 570.503(b).
7. Uniform Administrative Requirements. The SUBRECIPIENT shall comply with
applicable uniform administrative requirements as described in 24 C.F.R. 570.502.
8. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant to
this Agreement shall be maintained separate and apart from any other funds of
SUBRECIPIENT in an account in a federally insured banking or savings and loan institution.
No monies shall be withdrawn from such account except for expenditures authorized by this
Agreement.
9. Retention of Records. All accounting records and evidence pertaining to all costs of
SUBRECIPIENT and all documents related to this Agreement shall be kept available at
SUBRECIPIENT's office or place of business for the duration of the agreement and
thereafter for five (5) years after completion of an audit.
(a) Notwithstanding the foregoing, records which relate to:
(i) Complaints, claims, administrative proceedings or litigation arising out of the
performance of this Agreement, or
(ii) Costs and expenses of this Agreement to which CITY or any other governmental
agency takes exception, shall be retained beyond the five (5) years until resolution or
disposition of such appeals, litigation claims, or exceptions.
10. Compliance with Applicable Laws. SUBRECIPIENT agrees to comply fully with all
applicable Federal, State and local laws, ordinances, regulations, and permits, including but
not limited to: Federal CDBG financial and contractual procedures, and the OMB Super
Circular, as set forth in 24 C.F.R. 570.502(b). Said Federal documents are on file in the City
of West Covina Community Services Department, located at 1444 West Garvey Avenue
Room 316, West Covina, CA 91790, and are incorporated herein by reference as if fully set
forth herein. The SUBRECIPIENT shall secure any new permits required by authorities
herein with jurisdiction over the activities, and shall maintain all presently required permits.
The SUBRECIPIENT shall ensure that the requirements of the California Environmental
Quality Act are met for any permits or other entitlement required to carry out the terms of
this Agreement.
11. Affirmative Action Policv.
(a) Provision of Program Services.
(i) SUBRECIPIENT shall not on the ground of race, color, national origin or sex,
exclude any person from participation in, deny any person the benefits of, or subject
any person to discrimination under any program or activity funded in whole or in part
with CDBG funds.
(ii) SUBRECIPIENT shall not under any program or activity funded in whole or in part
with CDBG funds, on the ground of race, color, national origin, or sex:
(1) Deny any facilities, services, financial aid or other benefits provided under the
program or activity.
(2) Provide any facilities, services, financial aid or other benefits, which are
different or are provided in a different form from that provided to others under
the program or activity.
(3) Subject to segregated or separate treatment in any facility in, or in any matter
of process related to receipt of any service or benefit under the program or
activity.
(4) Restrict in any way access to, or in the enjoyment of any advantage or
privilege enjoyed by others in connection with facilities, services, financial aid
or other benefits under the program or activity.
(5) Treat an individual differently from others in determining whether the
individual satisfies any of the enrollment, eligibility, membership, or other
requirements or condition which the individual must meet in order to be
provided any facilities, services or other benefit provided under the program
or activity.
(6) Deny an opportunity to participate in a program or activity as an employee
(M)SUBRECIPIENT may not utilize criteria or methods of administration which have
the effect of subjecting individuals to discrimination on the basis of race, color,
national origin, or sex, or have the effect of defeating or substantially impairing
accomplishment of the objectives of the program or activity with respect to
individuals of a particular race, color, national origin or sex.
(iv) SUBRECIPIENT, in determining the site or location of housing or facilities provided
in whole or in part with CDBG funds, may not make selections of such site or
location which have the effect of excluding individuals from, denying them the
benefits of, or subjecting them to discrimination on the ground of race, color, national
origin, or sex, or which have the purpose of effect of defeating or substantially
impairing the accomplishment of the objectives of the Civil Rights Act of 1964 and
amendments thereto.
(v)
(1) In administering a program or activity funded in whole or in part with CDBG
funds regarding which the SUBRECIPIENT has previously discriminated
against persons ground of race, color, national origin or sex, the
SUBRECIPIENT must take affirmative action to overcome the effects of prior
discrimination.
(2) Even in the absence of such prior discrimination, SUBRECIPIENT, in
administering a program or activity funded in whole or in part with CDBG
funds, should take affirmative action to overcome the effects of conditions
which would otherwise result in limiting participation by persons of a
particular race, color, national origin or sex. Where previous discriminatory
practice or usage tends, on the ground of race, color, national origin, or sex, to
exclude individuals from participation in, to deny them the benefits of, or to
subject them to discrimination under any program or activity to which CDBG
funding applies, the SUBRECIPIENT has an obligation to take reasonable
action to remove or overcome the consequences of the prior discriminatory
practice or usage, and to accomplish the purpose of the Civil Rights Act of
1964.
(3) SUBRECIPIENT shall not be prohibited by this part from taking any eligible
action to ameliorate an imbalance in services or facilities provided to any
geographic area or specific group of persons within its jurisdiction where the
purpose of such action is to overcome prior discriminatory practice or usage.
(vi)Notwithstanding anything to the contrary contained in this Section, nothing contained
herein shall be construed to prohibit SUBRECIPIENT from maintaining or
constructing separate living facilities or restroom facilities for the different sexes.
Furthermore, selectivity on the basis of sex is not prohibited when institutional or
custodial services can properly be performed only by a member of the same sex as the
recipients of the services.
(b) Employment Discrimination.
(i) SUBRECIPIENT shall not discriminate against any employee or application for
employment because of race, color, religion, sex, national origin, age or handicap.
SUBRECIPIENT shall take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without regard to their race, color,
religion, sex, national origin, age or handicap. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer, recruitment
or recruitment advertising, layoff or termination, rate of pay or other forms of
compensation and selection for training including apprenticeship. SUBRECIPIENT
agrees to post in conspicuous places available to employees and applicants for
employment, notices setting forth the provisions of this non-discrimination clause.
(i) SUBRECIPIENT shall, in all solicitations or advertisements for employees placed by
or on behalf of SUBRECIPIENT, state that all qualified applicants shall receive
consideration for employment without regard to race, color, religion, sex, national
origin, age or handicap.
(i) SUBRECIPIENT shall 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 CITY's contracting officers advising the labor union or
workers' representative of SUBRECIPIENT's commitments under Section 202 of
Executive Order No. 11246 of September 24, 1965, and shall post copies of the
notices in conspicuous places available to employees and applicants for employment.
(i) SUBRECIPIENT shall comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary
of Labor.
(i) SUBRECIPIENT shall furnish to the CITY all information and reports required by
Executive Order No. 11246 of September 24, 1965, and by the related rules,
regulation, and orders.
(i) In the event of SUBRECIPIENT's failure to comply with any rules, regulations, or
orders required to be complied with pursuant to this Agreement, CITY may cancel,
terminate, or suspend in whole or in part its performance and SUBRECIPIENT may
be declared ineligible for further Government contracts in accordance with
procedures authorized in Executive Order No. 11246 of September 24, 1965, and
such other sanctions as may be imposed and remedies invoked as provided in
Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of
the Secretary of Labor, or as otherwise provided by law.
(i) SUBRECIPIENT shall include the provisions of Section A.I I "Affirmative Action
Policy" in every sub -contract or purchase order unless exempted by rules, regulations,
or order of the Secretary of Labor issued pursuant to Section 204 of Executive Order
No. 11246 of September 24, 1965, so that such provisions will be binding upon each
sub -contractor or vendor. SUBRECIPIENT shall take such action with respect to any
sub -contractor or vendor as a result of such direction by the CITY. SUBRECIPIENT
may request the United States to enter into such litigation to protect the interest of the
United States.
(i) SUBRECIPIENT shall not discriminate on the basis of age in violation of any
provision of the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) or with
respect to any otherwise qualified handicapped individual as provided in Section 504
of the Rehabilitation Act of 1973 (29 U.S.C. 794). SUBRECIPIENT shall also
provide ready access to and use of all CDBG funds assisted buildings to physically
handicapped persons in compliance with the standards established in the Architectural
Barriers Act of 1968 (42 U. S. C. 4151 et seq.).
(c) Remedies. hi the event of SUBRECIPIENT's failure to comply with any rules,
regulations, or orders required comply with pursuant to this Agreement, the CITY may
cancel, terminate, or suspend in whole or in part its performance and SUBRECIPIENT
may be declared ineligible for further Government contracts and any such other sanctions
as may be imposed and remedies invoked as provided by law.
12. Anti-Lobbvina.
(a) SUBRECIPIENT certifies that no Federally appropriated funds have been paid or will be
paid, by or on behalf of it, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of
any Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into any cooperative agreement, or the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan or cooperative
agreement.
(b) SUBRECIPIENT certifies that if any funds other than Federally appropriated funds have
been paid to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan,
or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure
of Lobbying Activities," in accordance with its instructions.
13. Ineligibility of Subrecipients or Contractors. SUBRECIPIENT shall not use CDBG funds
directly or indirectly in its operations or to employ, award contracts to, or otherwise engage
the services of, or fund any contractor during any period of suspension or ineligibility status
of the SUBRECIPIENT or such contractor under the provisions of 24 C.F.R. Part 24.
14. Conflict of Interest. In the procurement of supplies, equipment, construction, and services
by SUBRECIPIENT, the conflict of interest provisions in the OMB Super Circular (2 C.F.R.
200.112), and 24 C.F.R. 570.611 shall apply.
15. Condition for Religious Organization. SUBRECIPIENT shall comply with all applicable
conditions prescribed by HUD for the use of CDBG funds by religious organizations if
SUBRECIPIENT is a religious organization.
16. Suspension and Termination. In accordance with 2 C.F.R. 200.338, suspension or
termination may occur if SUBRECIPIENT materially fails to comply with any term of this
Agreement and/or the award, and this Agreement and/or the award may be terminated for
convenience in accordance with 2 C.F.R. 200.339.
17. Reversion of Assets.
(a) Unencumbered or Unexpended Funds. Upon the termination or expiration of the term
of this Agreement, SUBRECIPIENT shall transfer to CITY any unexpended and
unencumbered CDBG funds on hand at the time of such termination or expiration and
any accounts receivable attributable to the use of subject funds.
(b) Real or Personal Property Assets. Any real property or moveable or immovable
personal property under SUBRECIPIENT's control or ownership that is acquired or
improved in whole or in part with CDBG funds disbursed under this Agreement, the
original cost of which exceeds five thousand dollars ($5,000.00), shall either be, at the
election of CITY: (1) used by SUBRECIPIENT for the eligible program services meeting
the purposes of the CDBG Program for a period of five (5) years after termination or
expiration of this Agreement; or (2) disposed of and proceeds paid to CITY in a manner
that results in CITY being reimbursed in the amount of the current fair market value
(assuming depreciation in accordance with customary business practices) of the real or
personal property less any portion of the current value attributable to SUBRECIPIENT's
out of pocket expenditures using non-CDBG Program funds for acquisition of, or
improvement to, such real or personal property and less any direct and reasonable costs
of disposition, including a reasonable and customary broker's fees incurred in listing and
completion of sale of such asset.
(i) In furtherance of the foregoing, if CITY selects continued use of the capital asset,
then SUBRECIPIENT hereby agrees that it shall be subject to an ongoing operating
and use covenant relating to the subject real or personal property. The foregoing
covenant shall survive the termination or expiration of this Agreement and shall be
actionable at law or in equity by CITY against SUBRECIPIENT and its successors in
interest.
(ii) In the event CITY selects disposition of the subject real or personal property, then
SUBRECIPIENT shall exercise due diligence to dispose of such property in
10
conformity with applicable laws and regulations and in accordance with customary
business practices. The net proceeds of such disposition shall be disbursed directly to
and be payable to CITY upon the close of the applicable disposition transaction, such
as close of escrow for the sale of real property, transfer of a motor vehicle "pink slip"
in accordance with applicable California Vehicle Code requirements, or completion
of sale of personal property by bill of sale in accordance with Uniform Commercial
Code (UCC) requirements.
18.Independent Contractor. SUBRECIPIENT agrees that the performance of obligations
hereunder are rendered in its capacity as an independent contractor and that it is in no way an
employee or agent of the CITY.
19. Licensing. SUBRECIPIENT agrees to obtain and maintain all licenses, registrations,
accreditation and inspections from all agencies governing its operations. SUBRECIPIENT
shall ensure that its staff shall also obtain and maintain all required licenses, registrations,
accreditation and conditions from all agencies governing SUBRECIPIENT's operations.
20.Inspection of Records. CITY and the United States Government and/or their
representatives shall have access for purposes of monitoring, auditing, and examining
SUBRECIPIENT's activities and performance, to books, documents and papers, and the right
to examine records of SUBRECIPIENT's sub -contractors, bookkeepers and accountants,
employees and participants in regard to said program. CITY and the United States
Government and/or their representative shall also schedule on -site monitoring at their
discretion. Monitoring activities may also include, but are not limited to, questioning
employees and participants in said program and entering any premises or any site in which
any of the services or activities funded hereunder are conducted or in which any of the
records of SUBRECIPIENT are kept. Nothing herein shall be construed to require access to
any privileged or confidential information as set forth in Federal or State Law.
In the event SUBRECIPIENT does not make the above -referenced documents available
within the City of West Covina, California, SUBRECIPIENT agrees to pay all necessary and
reasonable expenses incurred by CITY in conducting any audit at the location where said
records and books of account are maintained.
21. Assignability. SUBRECIPIENT shall not assign or transfer any interest in this Agreement,
whether by assignment, delegation or novation, without the prior written consent of CITY;
provided, however, that claims for money due or to become due or to SUBRECIPIENT from
CITY under this Agreement may be assigned to a bank, trust company or other financial
institution, or to a trustee in bankruptcy, without such approval. Any assignment, delegation
or novation other than provided above shall be void and inoperative. Notice of any proper
assignment or transfer shall be promptly furnished to CITY.
22. Indemnification and Hold Harmless. SUBRECIPIENT shall indemnify and save harmless
CITY, its officers, employees, agents, and volunteers from and against any and all costs,
including but not limited to attorneys' fees, for damages to property or injuries to or death of
any person or persons, including property and employees or agents of CITY, and shall
M
defend, indemnify and save harmless CITY, its officers, employees, agents, and volunteers,
from and against any and all claims, demands, liabilities, suits, actions or proceedings of any
kind of nature, including, but not by way of limitation, workers' compensation claims,
resulting from or arising out of the acts, errors or omissions of SUBRECIPIENT, its
employees, agents, and sub -contractors.
SUBRECIPIENT shall further indemnify, defend, and hold harmless CITY, its elected
officials, officers, employees, agents, and volunteers from and against any and all claims,
demands, suits, actions or proceedings arising from or relating to any failure of
SUBRECIPIENT to comply with any applicable laws or regulations.
23.Insurance.
(a) SUBRECIPIENT shall furnish to CITY insurance certificates from its workers'
compensation insurance carrier certifying that it carries such insurance and that the policy
shall not be canceled nor the coverage reduced except upon thirty (30) days' prior written
notice to CITY at the address specified in this Agreement.
(b) SUBRECIPIENT shall obtain, at its sole cost, a comprehensive general liability insurance
policy or policies insuring against liability for any and all claims and suits for damage or
injuries to persons or property resulting from or arising out of operations of
SUBRECIPIENT, its officers, agents, employees, or volunteers. Said policy or policies of
insurance shall provide coverage for both bodily injury and property damages in not less
than the following minimum amounts: One Million Dollars ($1,000,000.00) combined
single limits, per occurrence or its equivalent. Said policy or policies shall also contain a
provision that no termination, cancellation or change of coverage of any insured or
additional insured shall be effective until thirty (30) days' notice thereof has been given
in writing to CITY at the address specified in this Agreement. SUBRECIPIENT shall file
with 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 liability insurance, or certificate of such insurance, satisfactory to the City
Attorney expressly naming the City of West Covina as additional insured.
(c) SUBRECIPIENT shall obtain, at its sole cost, business automobile liability for owned
vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million
Dollars ($1,000,000.00), combined single limits, per occurrence for bodily injury and
property damage.
(d) SUBRECIPIENT shall give CITY prompt and timely notice of any claim made or suit
instituted. SUBRECIPIENT shall procure and maintain, at its own cost and expense, any
additional kinds and amounts of insurance, which, in its own judgment may be necessary
for its proper protection in the prosecution of the work.
B. CITY OBLIGATIONS
1. Payment of Funds. CITY shall pay to SUBRECIPIENT for SUBRECIPIENT's activities
pursuant to this Agreement up to a maximum aggregate amount of One Hundred Eighty-
12
Seven Thousand Five Hundred Dollars ($187,500.00) in three equal installments of Sixty -
Two Thousand Five Hundred Dollars ($62,500.00). Payments shall be made to
SUBRECIPIENT through the submission of periodic invoices, in a form prescribed by
CITY, detailing such expenses and which are timely submitted as required by Section A.5 of
this Agreement.
CITY shall pay such invoices within thirty (30) days after receipt thereof, provided CITY is
satisfied that such expense has been incurred within the scope of this Agreement and that
SUBRECIPIENT is in compliance with the terns and conditions of this Agreement. The
CITY shall pay for only those costs identified and invoiced by the SUBRECIPIENT in the
Final Monthly Billing Statement and presented to the CITY no later than thirty (30) days
following the completion of the activities set forth in this Agreement. The CITY shall not
pay or be held responsible for any invoice submitted to the CITY after such date.
2. Audit of Account. CITY shall include an audit of the account maintained by
SUBRECIPIENT pursuant to Section A.9 of this Agreement in CITY's annual audit of all
CDBG funds in accordance to federal regulations found in Title 24 of the Code of Federal
Regulations and other applicable Federal laws and regulations.
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1. Termination of Agreement. CITY or SUBRECIPIENT may terminate this Agreement by
giving written notice to the other party thirty (30) days prior to effective date of termination.
Additionally, the CITY shall have the right, in accordance with the Super Circular, Remedies
For Noncompliance, 2 C.F.R. 200.338 through 200.342, to impose additional conditions
pursuant to 2 C.F.R. 207, terminate this Agreement or withhold payment of any invoice for
failure of the SUBRECIPIENT to comply with the terms and conditions of this Agreement.
Should the CITY decide to terminate this Agreement after a full evaluation of all
circumstances has been completed, the SUBRECIPIENT shall, upon written request, have
the right to an appeal process. A copy of the appeal process will be attached to any
termination notice. If the CITY finds that the SUBRECIPIENT has violated the terms and
conditions of this Agreement, the SUBRECIPIENT may be required to:
(a) Repay all monies received from the CITY under this Agreement; and/or
(b) Transfer possession of all materials and equipment purchased with grant money to the
CITY.
In the event of early termination, a final payment may be made to SUBRECIPIENT upon
receipt of a Final Report and invoices covering eligible costs incurred prior to termination.
The total of all payments, including the final payment, shall not exceed the amount specified.
2. Notices. All notices to the parties required by this Agreement shall be in writing and shall be
sent by certified mail, addressed as follows:
13
TO CITY:
City of West Covina
Public Services Department
1444 West Garvey Avenue
West Covina, CA 91790
With a copy to:
West Covina City Attorney
Jones & Mayer
3777 N. Harbor Blvd.
Fullerton, CA 92835
TO SUBRECIPIENT:
A1taMed Health Services Corporation
Castulo de la Rocha
President and CEO
2040 Camfield Avenue
Los Angeles, CA 90040
With a copy to:
A1taMed Health Services Corporation
Henry A. Holguin
General Counsel
2040 Camfield Avenue
Los Angeles, CA 90040
3. Attorneys Fees; Exclusivity and Amendment of Agreement. The prevailing party in any
litigation to enforce or interpret this Agreement shall be entitled to reasonable attorneys' fees
and costs. This Agreement supersedes any and all other agreements, either oral or in writing,
between the parties hereto with respect to the services of SUBRECIPIENT and the provision
of CDBG funds by CITY and contains all the covenants and agreements between the parties
with respect to the conditions of said services and funding in any manner whatsoever. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of
any parry, which are not embodied herein, and that no other agreement or amendment hereto
shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT.
No waiver of any term or condition of this agreement shall be a continuing waiver thereof.
4. Laws Governing This Agreement. This Agreement shall be governed by and construed in
accordance with the laws of the State of California, all applicable federal statutes and
regulations as amended, and all applicable local laws.
14
Severability. The invalidity in whole or in part of any provision of this agreement shall not
void or affect the validity of any other provisions of this Agreement and its Exhibits shall be
construed as a whole. The cautions preceding the text of each section are included only for
convenience of reference and shall be disregarded in the construction and interpretation of
this Agreement.
6. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said parties and
that by doing so the parties hereto are formally bound to the provisions of this Agreement,
provided, however, that CITY's approval is subject to ratification by its City Council.
7. Counterparts. This Agreement may be executed in one or more counterparts, each of which
shall be deemed an original. All counterparts shall be construed together and shall constitute
one agreement.
[SIGNATURE PAGE FOLLOWS.]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first written above.
SUBRECIPIENT
ALTAMED HEALTH SERVICES CORPORATION
"Lau &w Date: _ 4/9/2020
Vastulo de la Rocha, President and CEO
CITY OF WEST COVINA
Date:
David Ca any, City Manager
ATTEST: �
Lis e ck, Assistant City Jerk
L;r '
APPROVED AS TO FORM:
Thomas P. D'u4fte, City Attorney
EXHIBIT A
EVALUATION PROCESS
AltaMed is making every effort to protect the community and ensure that we have the resources available to
continue to meet all health care needs. To protect our patients, staff, and surrounding community, AltaMed has
established six outdoor medical evaluation sites in Los Angeles and Orange Counties to limit COVID-19 exposure
inside its health centers.
0
Patients and community members are being asked
to call the Patient Service Center at (888) 499-9303
before visiting any AltaMed location in order to
determine the best option for care. Patients may be
scheduled for a telephone visit or directed to
an AltaMed outdoor evaluation site.
Those who state they are experiencing COVID-19
symptoms (fever, dry cough, shortness of breath)
or think they have been exposed (travel, contact
with someone else exposed), will be assessed in
their vehicle.
Upon arrival, patients are screened for COVID-19
symptoms from their car. Depending on the initial
assessment, patients are directed to park and walk
in to the clinic or asked to remain in their car
and proceed through the outdoor evaluation.
Medical staff will determine whether care should
be continued at home or at another medical facility.
Testing is ordered as appropriate, according to
Public Health guidelines.
Frequently asked questions
Will I get tested for COVID-19 at an
evaluation center?
Not necessarily. COVID-19 testing will only be done
for those who meet public health criteria and have
an order from their physician. As tests become more
available, testing criteria may be expanded per
Public Health protocols.
Do you have to be an AltaMed patient
to visit an evaluation site?
As a community health center, we don't turn anyone
away. Those who would like their symptoms to be
evaluated in person should call (888) 499-9303
before visiting any AltaMed location.
If not everyone can get tested, why are
these sites important?
By reducing the number of symptomatic patients
coming inside the clinics, we lower the risk of
exposure for patients who require chronic disease
management, prenatal visits, pediatric check-ups,
and other routine screenings. This ensures we're able
to provide care for everyone through this pandemic
and beyond.
Patients must call:
(888) 499-9303
before visiting any AltaMed center.
Los Angeles County
AltaMed Medical and Dental Group —
Commerce, Goodrich
972 Goodrich Blvd.
Commerce, CA 90022
AltaMed Medical Group — Pico Rivera, Passons
6336 Passons Blvd.
Pico Rivera, CA 90660
AltaMed Medical and Dental Group — South Gate
8627 Atlantic Ave.
South Gate, CA 90280
AltaMed Medical and Dental Group —West Covina
1300 S. Sunset Ave.
West Covina, CA 91790
Orange County
AltaMed Urgent Care — Anaheim
1325 N. Anaheim Blvd., Ste.101
Anaheim, CA 92801
AltaMed Medical Group — Santa Ana, Bristol
2720 S. Bristol St., Ste.110
Santa Ana, CA 92704
AltaMed Medical and Dental Group —Santa Ana, Main
1400 N. Main St.
Santa Ana, CA 92701
EXHIBIT B
PROGRAM BUDGET
EXHIBIT B
PROGRAM BUDGET
Please summarize the program budget and planned use of requested funds in the table below. Assume
Program Budget does not include requested CDBG funds.
COSTS
PROGRAM BUDGET
PLANNED USE OF CDBG FUNDS
Personnel
$ 119,974
19 Medical staff
Supplies
35,000
Tent &Tables, Tablets, Hotspots, Phones
Equipment
25,000
PPE equip, screening kits, Monitoring equip
Other
25,000
Electronic Health Records Integration
Total
$ 204,974
Other than the amount requested in the application, please provide a summary of the program's sources of
funding:
SOURCE
AMOUNT
Federal
$ 4,930,368
State
County
Local
75,000
Private Grants
Donations
1,058,520
Fees
Other
Total Committed
$ 6,063,888
EXHIBIT C
MONTHLY BILLING STATEMENT
EXHIBIT C
City of West Covina
MENEF-
CDBG Monthly Billing Statement
CMonth of 2019-2020
Name of Agency and Description of Services
Amount
Total Billed This Period
$
Authorized Signature
Date
Budgeted Amount: FY 2019-2020 $
Previously Billed Expenditures $
Currently Billed Expenditures $
Remaining Balance $
Remit to: City of West Covina, ATTN Kelly McDonald, 1444 W. GarveyAve. So., West Covina, CA 91790
For office Use:
Po #: Vendor #:
Approved: Date:
EXHIBIT D
CARES ACT/CDBG PROGRAM PERFORMANCE REPORT
EXHIBIT D
CITY OF WEST COVINA
CARES Act/CDBG Program Performance Report
Subrecipient & Program:
Type of Service:
A. ACCOMPLISHMENTS
1. Total unduplicated # of West Covina residents served by this activity? �0
B. DIRECT BENEFIT DATA BY PERSONS
Race/Ethnicity (Please Complete for West Covina residents (A.1 response) only.)
Hispanic
Total
Origin
White
Black/African American
Asian
0
0
American Indian/Alaskan Native
Native Hawaiian/Other Pacific Islander
American Indian/Alaskan Native & White
Asian & White
Black/African American & White
American Indian/Alaskan Native&Black/African American
Other Multi Racial
TOTAL BENEFITTED BY ACTIVITY
Total Should Be Equal to A.2.
Ok
2. Presumed Clientele
All CDBG assisted activities must benefit clienteles which are composed of at least 51 % low -
and moderate -income persons. Absent evidence to the contrary, the populations listed below
are generally presumed to be principally comprised of low- and moderate -income persons.
> Abused Children > Illiterate Adults
> Battered Spouses > Persons Living with AIDS
> Elderly persons > Migrant Farm Workers
> Severely Disabled Adults as defined by the Bureau of the Census`
. The Bureau of the Census classifies a person as having a severe disability if the person:
a) Has used a wheel chair or another special aide for six months or longer;
b) Is unable to perform one or more'functional activies' or need assistance with activities of
daily life such as getting around the home, bathing, eating, and toileting. It includes seeing,
hearing, and having one's speech understood, lifting and carrying, walking up a flight of
stairs, and walking.
c) Is prevented from working at a job or doing housework;
d) Has a selected condition including autism, cerebral palsy, Alzheimer's disease, senility or
dementia, or mental retardation.
e) Is under 65 years of age and is covered by Medicare or receives SSI.
Is the clientele benefitting from this activity composed exclusively of one or more of the
populations described above? (YIN) �N
If "Yes", indicate the population(s) and skip to Section C. If "No", continue to #3.
Population(s):
CDBG Program Performance Report 2
CITY OF WEST COVINA EXHIBIT
CDBG Program Performance Report - FY 2019-2020 (FINAL)
Subrecipient & Program:
3. Income Levels (Complete for AA above)
Please respond to the following using the table below for reference. The table categorizes
Income Level based upon the number of people in a household and household income.
For example, a household of 4 with a household income of $38,000 is considered Low Income.
(Using the table, $38,000 is greater than $29,050, but less than $48,450.)
Extremely Low
0
Low
0
Moderate
�0
Non -Low -Moderate
�0
Total
0
Total (Should Be Equal to A.2)
Ok
Percent Low/Mod
2019 Income Limits
% of
Median
Income
Level
Income Thresholds by Persons in the Household ($)
1
1 2
3
4
5
6
7
1 8
30%
Extremely Low
21,950
25,050
28,200
31,300
33,850
36,350
39,010
43,430
50%
Low
36,550
41,800
47,000
52,200
56,400
60,600
64,750
68,950
80%
Moderate
58,450
1 66,800
75,150
83,500
90,200
96,900
103,550
110,250
C. PUBLIC SERVICES
Of the total persons served, number of those:
With new or continued access to the service/benefit?
With improved access to the service/benefit?
Receive a service/benefit that is no longer substandard?
Total
�0
Total (Should Be Equal to A.2)
Ok
If providing homeless services, please complete. Otherwise skip to'D'.
Homeless Persons Given Overnight Shelter?
Beds Created in Overnight Shelter or Other Emergency Housing?
Total
�0
D. NARRATIVE
Please use the space below to highlight accomplishments during the Program Year
Signature of Authorized Representative
Date
CDBG Program Performance Report Page 2 of 2
ATTACHMENT NO. 5
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
o* Ii WASHINGTON, DC 20410-7000
9 April 2020
ASSISTANT SECRETARY FOR
COMMUNITY PLANNING AND DEVELOPMENT
MEMORANDUM FOR: All Fiscal Year 2020 and 2019 CDBG and CDBG-CV Grantees and
All CPD Field Office Directors
FROM: John Gibbs, Acting Assistant Secretary for Community Planning and
Development
SUBJECT: CARES Act Flexibilities for CDBG Funds Used to Support
Coronavirus Response and plan amendment waiver
The Coronavirus Aid, Relief and Economic Security Act (CARES Act) (Public Law 116-136,1
makes available $5 billion in supplemental Community Development Block Grant (CDBG) funding
for grants to prevent, prepare for, and respond to coronavirus. (CDBG-CV grants). Additionally, the
CARES Act provides CDBG grantees with flexibilities that make it easier to use CDBG-CV grants
and fiscal years 2019 and 2020 CDBG Grants for coronavirus response and authorizes HUD to
grant waivers and alternative requirements.
The Department has announced the allocations of the first $2 billion in CARES Act funding
for CDBG grantees, as well as $1 billion for Emergency Solutions Grants (ESG) and $53.7 million
for Housing Opportunities for Persons With AIDS (HOPWA). You can find the allocations at
www.hud.gov/program offices/comm planning/budget/fy20/.
This memorandum transmits the attached CARES Act Flexibilities for CDBG Funds Used to
Support Coronavirus Response Guide (Guide). The Guide describes the immediate availability of a
5-day public comment period for amendments and new plan submissions, uncaps the percentage of
CDBG funding for public services to prevent, prepare for, and respond to coronavirus, as well as
other flexibilities. Please note that these new provisions are not only applicable to the $5 billion in
CDBG funding from the CARES Act but many of the new provisions are also applicable to
FY2019and FY2020 CDBG funding. This broad applicability provides grantees with flexibility to
help address the challenges facing our nation.
Grantees are advised to amend or prepare their plans as soon as possible and not to wait for
the pending Federal Register notice, which may provide additional waivers and alternative
requirements. Similarly, grantees should not wait for HUD to allocate the remaining nearly $3
billion of the $5 billion provided by the CARES Act for the CDBG program. Upon publication of
the Federal Register notice and subsequent allocations, grantees receiving allocations will then
amend plans accordingly.
Grantees should proceed with all amendments and plans under these new provisions by
adding the CDBG-CV allocation in their plans as an available resource for the year. The CARES
Act permits HUD to waive, or specify alternative requirements for, any provision of any statute or
regulation that the Secretary administers in connection with the CDBG-CV funds, FY2019 and
FY2020 CDBG funds (except for requirements related to fair housing, nondiscrimination, labor
standards, and the environment), upon a finding by the Secretary that any such waivers or
-.hud.gov espanol.hud.gov
alternative requirements are necessary to expedite or facilitate the use of such amounts to prevent,
prepare for, and respond to coronavirus.
To expedite grantees' use of CDBG-CV funds, HUD is waiving the requirements at 42
U.S.C. 12705(a)(2) to the extent it requires updates to the housing and homeless needs assessment,
housing market analysis, and strategic plan and 24 CFR 91.220 and 91.320 to the extent the action
plan is limited to a specific program year to permit grantees to prepare substantial amendments to
their most recent annual action plan, including their 2019 annual action plan. Grantees must
identify the proposed use of all funds and how the funds will be used to prevent, prepare for, and
respond to coronavims.
The Department is also waiving 24 CFR 91.505 to facilitate the use of the CDBG-CV funds
to the extent necessary to require submission of the substantial amendment to HUD for review in
accordance with 24 CFR 91.500. To receive a CDBG-CV grant, a grantee must also submit a SF-
424, SF-424D and the certifications at 24 CFR 91L225(a) and (b) or 24 CFR 91325(a) and (b).
The Guide addresses many of the Field's initial questions. Email inquiries to
CPDOuestionsAnswereda,hud.gov will continue to receive individual replies and guidance. HUD
will also be hatching questions and responses and periodically making them available as FAQs.
Additional resources will continue to be posted to www.hudexchange.info/programs/cdbg/disease/.
Thank you for the work you and your staff do with our communities in the fight against the
coronavims.
CARES Act Flexibilities for CDBG Funds Used to Support Coronavirus Response
April 9, 2020
President Trump has signed The Coronavirus Aid, Relief and Economic Security Act (CARES Act). The CARES Act:
• Makes available $5 billion in supplemental Community Development Block Grant (CDBG) funding for grants to
prevent, prepare for, and respond to coronavirus (CDBG-CV grants);
• Provides flexibilities for CDBG grantees to make it easier to use CDBG-CV grants and fiscal years 2019 and
2020 CDBG grants for coronavirus response and authorizes HUD to grant waivers and alternative requirements;
• Requires CDBG-CV grantees to prevent the duplication of benefits, which means grant funds may not be used to
pay costs if another source of financial assistance is available to pay that cost.
HUD will publish a Federal Register notice describing the requirements for CDBG-CV grants. The notice will also include
waivers and alternative requirements for CDBG-CV and fiscal year 2019 and 2020 CDBG grants. A grantee may submit a
CDBG-CV action plan substantial amendment to its most recent accepted CDBG action plan for the first CDBG-CV
allocation before the notice is published. To apply for CDBG-CV grants, grantees may follow existing regulatory
requirements for a substantial amendment to the grantee's action plan that describes the amount of CDBG-CV funds
available in the first allocation and planned use of funds, in accordance with existing requirements and the flexibilities in
the CARES Act, summarized below. HUD will publish a Q&A document with further information on this process.
Grantees may use CDBG-CV and CDBG funds for a range of activities to prevent, prepare for, and respond to
coronavirus. For examples, see the Ouick Guide to CDBG Activities for Infectious Disease Response.
Summary of CARES Act Provisions for Coronavirus Response With CDBG-CV and CDBG Grants
For more information, refer to applicable sections of the CARES Act, Housing and Community Development Act of
1974 (for State CDBG Grantees) and CDBG regulations (for Entitlement CDBG grantees).
Description of Program Flexibility
Applicability to CDBG-CV and CDBG Grants
Public Service Activities JOE-
Eliminates the 15 percent cap' on the amount of
CDBG-CV
Immediately
grant funds that can be used for public services
Available
activities.
Following enactment, the cap in section 105(a)(8) of
CDBG FY 19 and
Immediately
the HCD Act and 24 CFR 570.201(e) has no effect on
FY 20 Grants
Available
CDBG Grants
Not
CDBG-CV grants and no effect on FY 2019 and 2020
CDBG grant funds used for coronavirus efforts.
before FY 19
Available X
Reimbursement of Costs
Provides that grantees may use CDBG-CV grant
CDBG-CV
Immediately
funds to cover or reimburse costs to prevent, prepare
Available
for, and respond to coronavirus incurred by a State or
locality, regardless of the date on which such costs
CDBG FY 19 and
See current x
were incurred, when those costs comply with CDBG
FY 20 Grants
regulations.
requirements. For other grants, pre -agreement and
pre -award cost authority is available under 24 CFR
CDBG Grants
See current X
570.489(b) (states) and 570.200(h) (entitlements).
before FY 19
regulations.
t Section 105(a)(8) of the Housing and Community Development Act of 1974, provides a different percentage cap for some grantees.
Description of Program Flexibility
Applicability to CDBG-CV and CDBG Grants
Citizen Participation and Public Hearings for Consolidated Plans (including Action Plans)
Provides that grantees may amend citizen
CDBG-CV
Immediately
participation plans to establish expedited procedures
Available
to draft, propose, or amend consolidated plans.
Expedited procedures must include notice and
CDBG FY 19 and
Immediately
reasonable opportunity to comment of no less than 5
FY 20 Grants
Available
days. The 5-day period can run concurrently for
comments on the action plan amendment and
CDBG Grants
Not x
amended citizen participation plans.
before FY 19
Available
In -person public hearings are not required. Grantees
may meet public hearing requirements with virtual
public hearings if: 1) national/local health authorities
recommend social distancing and limiting public
gatherings for public health reasons; and 2) virtual
hearings provide reasonable notification and access
for citizens in accordance with the grantee's
certifications, timely responses from local officials to
all citizen questions and issues, and public access to
all questions and responses.
Deadline to Submit Consolidated Plans (including Annual Action Plans)
Extends the deadline for grantees to submit action
CDBG-CV
Immediately
plans and other updates to their consolidated plans
Available
submissions for fiscal years 2019* and 2020 to
CDBG FY 19* and
Immediately
August 16, 2021.
Without extension, the deadline for fiscal year 2020
FY 20 Grants
Available.
grants would be August 16, 2020, in accordance with
section 116(b) of the HCD Act and 24 CFR 91.15.
CDBG Grants
Not x
*The deadline for fiscal year 2019 passed on August
before FY 19
applicable.
16, 2019 (plans due then have been submitted).
Waiver and Alternative Requirement Authority
Authorizes the Secretary to issue statutory and
CDBG-CV
Immediately
regulatory waivers/alternative requirements for
Available
CDBG-CV and some CDBG funds when necessary
CDBG FY 19 and
Immediately
to expedite or facilitate the use of grant funds to
prevent, prepare for, and respond to coronavirus.
FY 20 Grants
Available.
Prohibits waivers/alternative requirements related to
fair housing, nondiscrimination, labor standards, and
CDBG Grants
Not x
the environment.
before FY 19
applicable.
HUD has additional regulatory waiver and statutory
suspension authorities that it may use for CDBG
Grants before fiscal year 2019 if necessary.
Submit your questions to: CPDOuestionsAnswered@hud.gov
ATTACHMENT NO. 6
RESOLUTION NO.2020-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, ADOPTING A BUDGET
AMENDMENT FOR THE FISCAL YEAR COMMENCING
JULY 1, 2019 AND ENDING JUNE 30, 2020 (CDBG-CV)
WHEREAS, the City Manager, on or about June 18, 2019, submitted to the City Council
a proposed budget for the appropriation and expenditure of funds for the City for West Covina for
Fiscal Year 2019-20; and
WHEREAS, following duly given notice and prior to budget adoption, the City Council
held a public meeting on June 18, 2019, considered and evaluated all comments, and adopted a
budget for the fiscal year commencing July 1, 2019 and ending June 30, 2020; and
WHEREAS, on March 27, 2020, the President signed into law the Coronavirus Aid,
Relief, and Economic Security Act, also referred to as the CARES Act, a $2 trillion emergency
package intended to support individuals and businesses affected by the COVID-19 pandemic and
economic downturn; and
WHEREAS, The CARES Act provides $5 billion in federal Community Development
Block Grant Coronavirus (CDBG-CV) funding to prevent, prepare for, and respond to COVID-
19; and
WHEREAS, the City of West Covina was allocated $473,804 in CDBG-CV funding;
and
WHEREAS, amendments must periodically be made to the budget to conform to changed
circumstances following adoption of the budget.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The budget amendment related to CDBG-CV funds for Fiscal Year 2019-
2E reflected in Exhibit No. 1 attached hereto is hereby approved.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall enter
the same in the book of original resolutions and it shall become effective immediately.
APPROVED AND ADOPTED this 21' day of April 2020.
Tony Wu
Mayor
APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do
hereby certify that the foregoing Resolution No. 2020-25 was duly adopted by the City Council of
the City of West Covina, California, at a regular meeting thereof held on the 2151 day of April,
2020, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk
Exhibit No. 1
CITY OF WEST COVINA
BUDGET AMENDMENT
BA # 048
Posted By:
Date Posted:
Date: 4/21/2020 Fiscal Year: 2019-2020
Requested by: Kelly McDonald Amount: CDBG-CV
Dept/Div: Public Services $473,804
EXPENDITURES
Account Number
Dept/Account Description
Current Budget
Proposed
Amendment
Amended Budget
225.61.5121.6460
Subreci ients
473 804.00
473 804.00
REVENUES
Account Number
Account Description
Current Budget
Proposed
Amendment
Amended Budget
225.61.4551
CDBG-CV
-
473,804.00
473,804.00
Federal funds to respond to COVID-19 pandemic
APPROVALS
City Council Approval Date (if required, attach minutes): ❑ Approval Not Required
Dept Head Approval:
Date:
Finance Director: Date:
Funds Available? ❑ Yes ❑No
City Manager: Date:
Comment: ❑ Approved ❑ Denied