MEMORANDUM OF UNDERSTANDING BETWEEN
COUNTY OF LOS ANGELES
AND
[OPERATING AGENCY]
FOR LEAD-BASED PAINT HAZARD MITIGATION PROGRAM MANAGEMENT SERVICES This Memorandum of Understanding (MOU) is being entered this ____ of _______________, 2022, by and between the County of Los Angeles (County), by and through the Los Angeles County Development Authority (LACDA) acting as its agent, and the City of Pomona (City). Each shall be referenced as Party or Parties throughout this MOU.
PURPOSE
The purpose of this MOU is to detail the agreement between the County and the City for the provision of lead-based paint hazard mitigation program services for homes that meet the eligibility criteria for the County's Lead Free Homes LA Program (Program). County wishes to collaborate with the City in facilitating the Program within the City’s boundaries, identified as Exhibit D.
Program services to be undertaken by the County will include the performance or arranging for the performance of the deliverables described herein. The activities to be performed as part of this MOU will include outreach to ensure enrollment of residential properties into the program and testing and mitigation, as required, of any lead-based paint hazards. Both single- and multi-family residential units with up to four (4) units may be provided with Program mitigation services. Eligible residential units will be identified through the enrollment and lead assessment process. In addition, individuals and families may be temporarily relocated and will receive advisory and support services and compensation for all eligible out-of-pocket temporary relocation expenses while the mitigation activities are underway.
Pursuant to this MOU the County will be responsible for program administration, implementation, oversight and administration of consultant and construction contracting services, as needed, and final inspections/clearances of mitigated properties. This MOU authorizes the County, by and through the LACDA acting as its agent, to administer, manage, facilitate, and implement within the City's boundaries. Any and all references to the County shall also be applicable to the LACDA, acting as its agent.
II. COUNTY RESPONSIBILITIES
County shall be responsible for the provisions of the Program services including overall program administration, implementation, oversight and administration of consultant and construction contracting services, as needed, and final inspections/clearances of mitigated properties as further described in this Section II.
Solicit and acquire contractors, consultants, and any other resources required to perform any deliverables not directly provided by County personnel to perform testing, temporary relocation, and mitigation of lead-based paint hazards from the interior and exterior of eligible single-family and multifamily residential structures within City jurisdiction.
Facilitate the development of outreach and enrollment strategies the City will coordinate in the impacted communities within City jurisdiction.
Track enrollment of eligible households and properties, testing and results, specific hazard mitigation services performed at the location, clearances, expenditures, payments, and other data determined necessary.
Coordinate lead testing activities consistent with State of California and federal standards established by the U.S. Department of Housing and Urban Development.
Notify property owners and other parties of lead hazard testing findings. Where actionable lead-based hazard mitigation is warranted, coordinate with the property owners and other parties to determine the necessary lead hazard mitigation work.
Conduct, through contractors or consultants, the lead-based paint hazard mitigation of any property for which permission to perform the work has been granted. As necessary, individuals and families will be temporarily relocated and receive advisory and support services and compensation for all eligible out-of-pocket temporary relocation expenses while the mitigation activities are underway.
Provide for final lead hazard inspection/clearance of completed work by a contractor or consultant that is independent from the contractor who performed the lead-based paint hazard mitigation tasks.
The County shall pay for all the costs associated with the activities listed in this Section.
III. CITY RESPONSIBILITIES
Authorize consent to the County to transact all business related to the Program within the City jurisdiction, and to collaborate with the County to implement the Program in areas shown in the Service Area Plan, identified as Exhibit D.
Cooperate to undertake and allow the County to provide lead-based paint hazard mitigation program services for the mitigation of lead hazards in homes within the City's jurisdiction as described in Section II.
Undertake all roles and responsibilities for strategic planning, outreach, enrollment, reporting and administration contained within Exhibit A – Scope of Work and Exhibit B – Matrix of Deliverables.
Provide expedited and priority building and safety code permitting to contractors performing mitigation services at residential properties being assisted under this Program, as needed and requested.
Provide direction to the County in areas relating to policy, information, and procedural requirements regarding building codes and other pertinent requirements that apply to the implementation of this Program in the City’s jurisdiction.
IV. TERM OF MOU
The term of this MOU shall commence upon date of execution of this MOU by the Parties and shall continue through [INSERT DATE] unless sooner terminated or extended, in whole or in part, as provided herein.
V. COUNTY AND CITY MUTUAL RESPONSIBILITIES
The County and the City will share information in accordance with applicable State and federal laws and regulations and implement specific procedures as may be necessary to enable each party to perform its duties and functions as required by law and under this MOU.
VI. COMPENSATION/BUDGET
For satisfactory performance under this MOU, the County shall reimburse the City an amount not to exceed [INSERT WRITTEN AMOUNT] ($XXX,XXX), which shall constitute full and complete compensation hereunder for the implementation of this MOU. The City shall bill for expenditures on a reimbursable basis through the submission and approval of the electronic payment request form for preapproved expenditures related to the City responsibilities under this MOU. This payment request form must be submitted on a minimum of a monthly basis as specified and provided by the County. The City shall bill for expenditures on a reimbursable basis. After timely receipt and approval of each payment request form, the County will issue a direct deposit in favor of the City in the approved amount.
The City shall have no claim against the County for payment of any money or reimbursement, of any kind whatsoever, for any service provided by the City after the expiration or other termination of this MOU. Should the City receive any such payment, it shall immediately notify the County and shall immediately repay all such funds. Payment by the County for services rendered after expiration and/or termination of this MOU shall not constitute a waiver of the right to recover such payment from the City. This provision shall survive the expiration or other termination of this MOU.
VII. FINANCIAL CLOSE OUT PERIOD
The City agrees to complete all necessary financial close-out procedures required by the LACDA, within a period of not more than 60 calendar days from the expiration date of this MOU. This time period will be referred to as the financial close out period. The LACDA is not liable to provide reimbursement for any expenses or costs associated with this MOU after the expiration of the financial close out period. The County may request a final financial audit for activities performed under this MOU at the expiration of the financial close out period.
VIII. LOBBY CERTIFICATIONS.
With regard to the certification for grants, the undersigned certify, to the best of their knowledge and belief, that:
The City is familiar with the Los Angeles County Code Chapter 2.160 and assures the County that all persons acting on behalf of the City will comply with the County Code.
The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers including subcontracts shall certify and disclose accordingly.
IX. TERMINATION FOR FAILURE TO COMPLY WITH COUNTY LOBBYIST REQUIREMENTS.
Failure on the part of the City and/or its Lobbyist(s) to fully comply with said County Lobbyist requirements shall constitute a material breach of the MOU upon which the County may immediately terminate this MOU, and the City shall be liable for any and all damages incurred by the County as a result of such breach.
X. INDEPENDENT CONTRACTOR
Both parties hereto in the performance of this MOU will be acting in an independent capacity and not as agents, employees, partners, joint venture partners or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purpose whatsoever, including workers' compensation liability. The City shall bear the sole responsibility and liability for furnishing workers' compensation benefits to any person for injuries arising from or connected with services performed on behalf of the City pursuant to this MOU.
XI. USE OF FUNDS
All funds approved under this MOU shall be used solely for costs approved in the budget under this MOU. MOU funds shall not be used as a cash advance between MOUs, as security to guarantee payments for any non-program obligations, or as loans for non-program activities. Separate financial records shall be kept for such funding source(s) and program.
XII. SUBCONTRACTING
The requirements of this MOU may not be subcontracted by the City without compliance of procurement standards and methods as outlined in County Auditor Controller. Any attempt by the City to subcontract without adherence to County regulations as required by the County may be deemed a material breach of this MOU.
If the City desires to subcontract, the City shall provide the following information promptly at the County’s request:
A description of the work to be performed by the Subcontractor; A copy of the subcontract; and
Other pertinent information and/or certifications requested by the County.
The City shall indemnify and cause the subcontractor(s) to indemnify and hold the County harmless with respect to the activities of each and every subcontract or in the same manner and to the same degree as if such subcontractor(s) were the City’s employees.
The City shall remain fully responsible for all performances required of it under this MOU, including those that the City has determined to subcontract.
The City shall address administrative, contractual, or legal remedies for all agreements in instances where subcontractors violate or breach agreement terms. The City must provide sanctions and penalties as appropriate.
The County’s consent to subcontract shall not waive the County’s right to prior and continuing approval of any and all personnel, including subcontract or employees, providing services under this MOU. The City is responsible to notify its subcontractors of this County right.
The City shall be solely liable and responsible for all payments or other compensation to all subcontractors and their officers, employees, agents, and successors in interest arising through services performed hereunder, notwithstanding the County’s consent to subcontract.
The City shall obtain and maintain on site certificates of insurance, which establish that the subcontractor maintains all the programs of insurance required by the County from each approved subcontractor. The County may request copies of the certificates and endorsements required herein at any time. Failure by the City to comply with the County’s request may be deemed by the County as a material breach of this MOU.
XIII. CONFIDENTIALITY
The County and City shall maintain the confidentiality of all clients’ records and information, in accordance with all applicable federal, State, and local laws, regulations, ordinances, and directives regarding confidentiality. The County and City shall inform all its officers, managers, supervisors, employees, and agents accessing the data hereunder of the confidentiality requirements of this MOU. The County and City will not disclose records or information pertaining to the properties receiving environmental review services, except as required or permitted by law. Notwithstanding, nothing in this Section prevents the City or the County from compliance with the California Public Records Act.
XIV. INSURANCE
The LACDA, acting as an agent of the County, authorizes the LACDA’s Risk Manager to determine the requirements of the insurance policies to be procured and maintained by the City with respect to its activities and obligations hereunder. Without limiting the City's indemnification requirements, the City shall provide and maintain at its own expense during the term of this MOU, a program of insurance satisfactory to the LACDA’s Risk Manager covering its operations hereunder, as specifically defined in Exhibit C to this MOU, a copy of which is attached hereto and incorporated herein by this reference.
XV. FAILURE TO PROCURE INSURANCE.
Failure on the part of the City to procure or maintain required insurance, pursuant to Exhibit B shall constitute a material breach of the MOU under which the County may immediately suspend or terminate this MOU or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith. All monies so paid by the County shall be repaid by the City to the County upon demand or the County may offset the cost of the premiums against any monies due to the City from the County.
XVI. INDEMNIFICATION
The City shall be responsible for and shall defend and hold harmless and indemnify the County, the LACDA, and its elected and appointed officials, employees and agents from all costs and claims for damages whatsoever by any third party relating to or resulting from the actions of the City arising out of or in connection with the services, work, operation or activities of the City, its agents, employees and officials, in relation to the rendition of services pursuant to this MOU.
The County shall be responsible for and shall defend and hold harmless and indemnify the City, and its elected and appointed officials, employees and agents from all costs and claims for damages whatsoever by any third party relating to resulting from the activities of the County arising out of or in connection with the services, work, operations or activities of the County, its agents, employees and officials, in relation to the rendition of services pursuant to this MOU.
XVII. TERMINATION
Either Party may terminate this MOU at any time, with or without cause, upon providing at least thirty (30) calendar days advance written notice to the other party. Any written notice of termination shall state the date that termination shall become effective.
XVIII. AMENDMENTS
It is mutually agreed that this MOU may be modified or amended by mutual consent, and such modification shall be in writing and effective upon the execution of a written amendment to this MOU by both parties hereto.
XIX. DESIGNATION OF RESPONSIBLE PARTIES
The following persons, identified by position and title, have been designated as the responsible parties for all communications, including required notices, related to the MOU:
CITY
[NAME]
[TITLE], [AGENCY]
[DEPARTMENT]
[ADDRESS]
[PHONE]
[EMAIL]
COUNTY
Diann Viox, Manager
LACDA
Community & Economic Development Division - Grants Management Unit 700 W. Main Street
Alhambra, CA 91801
(626) 586-1766
[email protected]
The undersigned hereby represent and acknowledge that they are duly authorized to execute this MOU on behalf of the entity for which they sign and are in agreement with all terms and conditions and hereby the MOU is being executed by the following parties as this day of , 2022.
COUNTY OF LOS ANGELES
By
LOS ANGELES COUNTY DEVELOPMENT AUTHORITY
EMILIO SALAS, Executive Director
APPROVED AS TO FORM:
DAWYN R. HARRISON
Acting County Counsel
By
Deputy
CITY OF POMONA
By
JAMES MAKSHANOFF, City Manager
ATTEST:
[INSERT NAME]
City Clerk
By
APPROVED AS TO FORM:
[INSERT NAME]
By
City Attorney
SCOPE OF WORK
LEAD FREE HOMES LA PROGRAM
OUTREACH AND ENROLLMENT SERVICES
The Operating Agency shall assist the LACDA in the outreach and enrollment of households into the Lead-Free Homes LA Program by providing a variety of services to property owners and tenants of that meet the Program requirements.
Strategic Planning
Assist in garnering other stakeholder input and support from the community to design and establish preferred methods of engaging a community. Identify specific issues and opportunities within underserved neighborhoods, and community-based partners and organizations that will need to be part of subsequent outreach efforts in support of the program.
Identify existing resources and develop relationships with representatives from community groups that reflect the diverse characteristics of the community to increase awareness and visibility of the Lead Free Homes LA Program.
Seek partnership opportunities with local municipal departments, councils of government, regional service providers, community-based organizations, and other entities to identify and leverage resources in reaching residents. Link the Lead Free Homes LA Program with other similar or applicable programs or services.
The Operating Agency should establish and set goals based on the Service Plan for outreach and enrollment and activities proposed.
Outreach and Community Engagement
Conduct outreach and engagement activities in order to increase trust and acceptance of the program. Play a vital role in developing trust and confidence in the community to willingly enroll for available services to be provided.
Create contact lists and identify community activities that identify and prioritize outreach and enrollment efforts. Advise team and stakeholders.
Transmit printed and electronic media materials to potential applicants/residents.
Coordinate and participate in community events and meetings, if appropriate for outreach, engagement, and enrollment in the Lead Free Homes LA Program.
2.5 Outreach to agencies and organizations that may serve clientele who fit the eligibility criteria, such as day care, pre-schools, schools, churches, or parks with programs for children younger than 6 years old.
2.6 Create and distribute (tailor, as needed) printed and electronic media materials that provide residents an overview of the program and eligibility criteria and information on enrollment (LACDA to provide graphics, sample content, and program messages).
Sample Printed Materials in English and other language(s) prevalent in the community Pamphlets and Flyers for distribution and posting
Mailing packets – Cover letter, program flyer, endorsements, application information Pamphlets and Flyers for Table Displays – Program flyer, lead hazard and blood testing information, signage Sample Electronic Media Material
Develop and provide information for local partners’ websites Develop and coordinate the transmission of electronic messages from elected officials and local municipal departments through social media Develop and distribute public service announcements to radio and local cable channels Enrollment
Provide trained staff with materials to assist property owners and tenants with the completion and submission of an application. Operating Agency must provide bilingual service/translation, as needed.
Provide staff with device/tablet or other tablet to enter client application information.
Perform quality assurance by reviewing applications for completeness and accuracy prior to submission to LACDA.
Provide designated locations for walk-ins to complete and submit application.
Conduct follow-up activities to residents such as door-to-door outreach and drop-in enrollment events to engage interest and obtain applications.
Communicate with LACDA Contract Administrator with applications and questions.
Provide follow-up assistance to all applicants referred back by LACDA when the application is incomplete Make available a list of resources that can be provided to tenants seeking assistance when faced with a dispute.
Reporting
Provide LACDA with reports on program outreach and enrollment activities and application status (i.e., number of mailers, walk-ins, homes visited, events, flyer distributions, other outreach and results, etc.). Include challenges and barriers with outreach and enrollment in reporting.
Administrative
Maintain timecards and submit invoices to LACDA.
Follow all program related procurement and other financial management requirements.
Hire, retain, and supervise staff.
Retain all program and financial-related records.
[OPERATING AGENCY]- MATRIX OF DELIVERABLES
LEAD FREE HOMES LA PROGRAM
OUTREACH AND ENROLLMENT SERVICES
IMPLEMENTATION ACTIVITES
DELIVERABLES
TIMELINE
SOW Section 1.1
Garner other stakeholder input and support from the community to design and establish preferred methods of engaging a community.
Operating Agency to participate in strategic planning meetings.
LACDA will provide support during this portion of the strategic planning phase.
One (1) month of contract execution
SOW Section 1.2
Identify resources and develop relationships with representatives of diverse community groups to increase awareness and visibility of the Lead Free Homes LA Program.
Document the scope and detail of participating organization’s resource commitment Establish outreach and engagement goals for each phase according to the existing resources and partnerships that serve residents in target communities.
LACDA will support community partner during this portion of the strategic planning phase.
One (1) month of contract execution
SOW Section 1.3
Partner with government, service providers, community-based organizations, and other entities to identify and leverage resources in reaching residents. Link the Lead Free Homes LA Program with other similar or applicable programs or services.
Operating Agency will identify and develop the tools and reports to project progress, establish metrics, reporting logs, records and tracking outreach activities and enrollment Update the list of leveraged resources and engagement strategy at the beginning of each phase to meet the need of each target community.
One (1) month of contract execution
SOW Section 1.4
Establish and set goals based on the Service Area Plan for proposed outreach and enrollment activities.
Set program goals identifying the following:
Project progress reporting metrics, proposed number of mailings, number of follow-up contacts, print and electronic announcements, number of accounts reached, applications received, applications submitted, etc.
One (1) month of contract execution, ongoing
SOW Section 2.1
Conduct outreach and engagement activities to increase trust, acceptance of, and enrollment in the program.
Ongoing
SOW Section 2.2
Create and utilize contact lists to identify community activities that prioritize outreach and enrollment efforts.
Compile a list of partners, existing resources, events, contracts, and events provided by LACDA to create an outreach plan for each phase.
Upon contract execution, ongoing
SOW Section 2.3
Transmit printed and electronic media materials to potential applicants/residents Identify a list of materials to be distributed and methods of distribution.
Upon contract execution, ongoing
SOW Section 2.4
Coordinate and participate in community events and meetings appropriate for outreach, engagement, and enrollment in the Lead Free Homes LA Program.
Record of event (date, location, audience), attendee numbers, and materials distributed or collected.
Upon contract execution, ongoing
SOW Section 2.5
Outreach to agencies and organizations that may serve clientele who fit the eligibility criteria, such as day care, pre-schools, schools, churches, or parks with programs for children younger than 6 years old.
Create a list of addresses prioritizing outreach and enrollment effort for each phase.
Coordinate, conduct outreach efforts and results.
Upon contract execution, ongoing
SOW Section 2.6
Create and distribute custom printed and electronic media materials for residents that provides an overview of the program and eligibility criteria and information on enrollment.
Taylor outreach distribution pieces according to the focus community.
Maintain record of outreach plan and execution: quantity distributed, recipients and locations Upon contract execution, ongoing
SOW Section 3.1
Provide trained staff with materials to assist property owners and tenants with the completion and submission of an application. Provide bilingual service/translation, as needed.
Conduct training on each component of outreach and enrollment strategies, processes, tracking, and reporting.
Disseminate material and equipment to the outreach team.
Upon contract execution, ongoing
SOW Section 3.2
Provide staff with device or tablet to enter Client Application information.
Acquire tablet devices, set up accounts, security and recovery applications in preparation for distribution to the outreach team.
Maintain procurement and evidence of payment for mobile devices in use by staff, if these were paid with program funds.
Upon contract execution, ongoing
SOW Section 3.3
Perform quality assurance on applications for completeness and accuracy prior to LACDA submission.
Developed Quality Assurance (QA) checklist, tracking sheet to verify completeness of applications submitted to LACDA.
Identify lessons learned to implement improvements for next focus area.
Upon contract execution, ongoing
SOW Section 3.4
Provide designated locations for walk-ins to complete and submit application.
Staff and/or Promotoras to attend up to two community events per phase.
List and map of walk-in location(s). Each location will be open four hours per day, twice a week, one weekday and one weekend day for one month per phase.
Upon contract execution, ongoing
SOW Section 3.5
Conduct follow-up activities to residents such as door-to-door outreach and enrollment events to engage interest and obtain applications.
Sustain detailed record of follow-up activities, including date, addresses of residents/units contacted, enrollment events, applications collected, and number of attempts made (up to three).
Upon contract execution, ongoing
SOW Section 3.6
Communicate with LACDA Contract Administrator on applications and questions.
Maintain open communication with LACDA and Contract Administrator to resolve any concerns that arise.
At minimum weekly, and as issues arise
SOW Section 3.7
Provide follow-up assistance to all applicants referred by LACDA for incomplete applications.
Review and update protocols to reduce questions/issues from arising.
Preserve record of incomplete applications, the reason and the number of outreach attempts to the tenant to complete the application.
Upon contract execution, ongoing
SOW Section 3.8
Develop a list of resources that can be provided to tenant to seek assistance when faced with a dispute.
Develop list of available landlord-tenant resources for dissemination.
Assist with dispute resolution through service provider referrals, track and document efforts.
Upon contract execution, ongoing
SOW Section 4.1
Provide LACDA with reports on program outreach and enrollment activities and application status, including challenges and barriers with outreach and enrollment in reporting.
Submit reports on program outreach, enrollment activities and application status to LACDA.
Meet with Contract Administrator as needed.
Required Quarterly Performance Reports.
Ad hoc reports, as requested.
SOW Section 5.1
Maintain timecards and submit invoices to LACDA.
Invoicing of actuals with supporting documentation are processed and submitted to LACDA to meet the required timeframe.
Upon contract execution ongoing
SOW Section 5.2
Follow all program related procurement and other financial management requirements.
Compliant practices that meet requirements will be followed, including procurement supporting documentation, program guidelines, including related City policies and procedures.
Upon contract execution, ongoing
SOW Section 5.3
Hire, retain, and supervise staff.
Operating Agency will hire, retain, supervise and train all staff.
Ongoing
SOW Section 5.4
Retain all program and financial-related records.
Operating Agency will maintain all program and financial-related documents to support and meet program expectations. Ensure proper record keeping procedures are developed.
Upon contract execution, ongoing
HOA.103167163.1
13 HOA.103167163.1
ATTACHMENT NO. 2