AGR-6648.E - PUBLIC WORKS DEPARTMENTA GC9,- bb 3- G
FY 2022-2023
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ORANGE AND
THE CITY OF ORANGE PUBLIC WORKS DEPARTMENT
The CITY OF ORANGE, a municipal corporation ("CITY"), has received Community
Development Block Grant ("CDBG") funds from the United States Department of Housing and
Urban Development ("HUD") under Title 1 of the Housing and Urban Development Act of 1974,
as amended ("Act") and under Grant Number B-22-MC-06-0507. The CDBG program is listed in
the Catalog of Federal Domestic Assistance ("CFDA") under CFDA Number 14.218. The CITY
desires, as of July 1, 2022 ("Effective Date") ', to authorize the CITY's PUBLIC WORKS
DEPARTMENT ("DEPARTMENT") to provide the ADA Street Improvement project
("Project"), as one of the projects to be funded by the CITY from the FY 2022-2023 CDBG grant
as set forth in the CITY's FY 2022-2023 Action Plan, and as more particularly set forth in
Attachment "A" to this Memorandum of Understanding ("Memorandum"). This Memorandum
sets forth the obligations of the DEPARTMENT regarding the Project.
1. DESCRIPTION OF PROJECT
The DEPARTMENT has provided an attachment to this Memorandum designated as
Attachment "A" that describes in appropriate detail the Project, consisting of the following
components:
A GC9,— bb l"e G
FY 2022-2023
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ORANGE AND
THE CITY OF ORANGE PUBLIC WORKS DEPARTMENT
The CITY OF ORANGE, a municipal corporation ("CITY"), has received Community
Development Block Grant ("CDBG") funds from the United States Department of Housing and
Urban Develo-Dment "HUD") under Title 1 of the Housing and Urban Development Act of 1974,
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General Fund for any non-CDBG Project costs shall be governed under a separate contract. The
CDBG funds shall be disbursed to the DEPARTMENT, subject to availability and approval by HUD,
in an amount not to exceed SIXTY-EIGHT THOUSAND FOUR HUNDRED THIRTY DOLLARS
and 00/100 ($68,430.00). Said CDBG funds were approved by the City Council on June 14, 2022,
through the adoption of the FY 2022-2023 budget. The funds to be disbursed under this
Memorandum shall include all related costs in accordance with the limitations and funding
requirements set forth in this Memorandum and Attachment "A" hereto. Only expenditures incurred
from July 1, 2022 through December 31, 2023, shall qualify to be reimbursed with CDBG funds.
Page 1 of 7
3. USE OF FUNDS
The DEPARTMENT shall use all funds provided pursuant to this Memorandum exclusively
for the purpose of implementing its approved Project as described in Attachment "A," or as it may
be later amended. No funds provided by the CITY to the DEPARTMENT under this Memorandum
shall be used for any political activity whatsoever or for any other purpose.
The DEPARTMENT shall use funds received under this Memorandum in strict conformity
with applicable provisions of the CDBG program regulations issued by HUD and found at 24 Code
of Federal Regulations ("CFR"), Subtitle B, Chapter V, Subchapter C, Part 570 ("CDBG
Regulations") and as further specified in other parts of this Memorandum. All services provided
hereunder shall conform to all federal, state and local laws, rules and regulations.
4. TIME OF PERFORMANCE AND MODIFICATION; BUDGET MODIFICATION;
SCOPE OF WORK MODIFICATION; SUSPENSION AND TERMINATION
A. Time of Performance and Modification: The DEPARTMENT shall expend the funds
within a time period not exceeding eighteen (18) consecutive months following the Effective Date
of this Memorandum.
The City Manager or designee may amend time of performance when such modifications:
1) In the aggregate do not exceed six (6) additional calendar months;
2) Are requested in writing by the DEPARTMENT;
3) Will not change the Project goals or scope of services;
4) Are in the best interests of the CITY and DEPARTMENT in performing the
scope of services under this Memorandum;
5) Do not alter the amount of funding allocated to the DEPARTMENT under
this Memorandum; and
6) Are approved in writing by the City Manager or designee as an amendment
hereto.
Time of performance extensions greater than those stated above will require City Council
approval.
B. Budget Modification: The City Manager or designee may increase the amount of
funding allocated to the DEPARTMENT under this Memorandum up to a maximum of $30,000, when
such increase is warranted and is approved in writing by the City Manager or designee as an
amendment hereto. Time of performance extensions and budget/funding increases greater than those
limits delegated to the City Manager will require City Council approval. The CITY reserves the
right to reduce funding allocations contained in this Memorandum at any time and for any reason.
C. Scope of Work Modification:
1) Minor modification to the scope of work for the Project as set forth in
Attachment "A" may be requested by either the CITY or the DEPARTMENT. A modification to
the scope of work is considered "minor" when it does not require an increase to the budget above
Page 2 of 7
$30,000, is generally within the scope of work contemplated for the Project, meets the goals of the
Project, is authorized under the terms of the CDBG program, and otherwise is in compliance with
all City, state and federal guidelines. Such minor modifications shall be a written amendment hereto
approved by the City Manager or designee.
2) Major modifications to the scope of work for the Project require City Council
approval.
D. Suspension and Termination of MOU: In accordance with the requirements of 2 CFR
Subtitle A, Chapter II, Part 200 and other applicable provisions of this Memorandum, the CITY, acting
through its City Manager, may, in its sole discretion, suspend or terminate this Memorandum if the
DEPARTMENT materially fails to comply with any term or provision of this Memorandum. The
Memorandum and the funds allocated hereunder may also be terminated for convenience as provided
in 2 CFR Subtitle A, Chapter II, Part 200. Upon receipt of notice, the DEPARTMENT shall
immediately cease the rendition of services and the expenditure of any funds, unless the notice provides
otherwise.
5. REVERSION OF ASSETS
Upon the earlier to occur of termination of this Memorandum or within five (5) CITY
business days following December 31, 2023, the DEPARTMENT shall transfer to the CITY any
undisbursed funds or accounts receivable attributable to the use of CDBG funds. As provided in
Section 570.503 of the CDBG Regulations, any real property acquired or improved in whole or in
$30,000, is generally within the scope of work contemplated for the Project, meets the goals of the
Project, is authorized under the terms of the CDBG program, and otherwise is in compliance with
all City, state and federal guidelines. Such minor modifications shall be a written amendment hereto
approved by the City Manager or designee.
2) Major modifications to the scope of work for the Project require City Council
approval.
D. Suspension and Termination of MOU: In accordance with the requirements of 2 CFR
7. RECORD -KEEPING REQUIREMENTS
A. The DEPARTMENT shall maintain, on a current basis, a Project records file and an
adequate accounting system pursuant to the provisions of Sections 570.502 and 570.506 of the CDBG
Regulations and in accordance with generally accepted accounting principles and standards.
B. The Project shall meet the National Objective of benefiting Low and Moderate
Income persons in the limited clientele benefit category under 24 CFR 570.208(a)(2)(ii)(A), under
Page 3 of 7
which the DEPARTMENT is obligated to demonstrate that the Project serves to remove material or
architectural barriers to the mobility or accessibility of elderly persons or of adults meeting the
Bureau of the Census' Current Population Reports definition of "severely disabled," and is restricted,
to the extent practicable, to the removal of such barriers by assisting the reconstruction of a public
facility or improvement, or portion thereof, that does not qualify under Section 570.208(a)(1) of the
CDBG Regulations
C. The DEPARTMENT shall maintain detailed records in a format prescribed by the CITY
to demonstrate compliance with the CDBG Regulations. Said records shall include a map of the CITY
depicting the location of the proposed access ramps; a description of the Project; and documentation of
staff time that is attributable to the CDBG fiinds.
D. Except in the event of any litigation, claim, negotiation, audit or other action started
before the expiration of the four-year records retention period, the DEPARTMENT shall retain all
financial and programmatic records, supporting documents, statistical records and other records,
which are pertinent to the Project or this Memorandum ("Records"), for at least four (4) years after
the DEPARTMENT submits to the CITY its final Annual Summary Report for the Project.
E. The DEPARTMENT shall make available for inspection to authorized CITY and
HUD personnel, the DEPARTMENT's Records pertaining to the Project and allow those personnel
to inspect and monitor its facilities and Project operations, including the interview of the
DEPARTMENT's staff and Project participants as required to enable the CITY and HUD officials
to fulfill their obligations to ensure compliance with all applicable laws and regulations.
which the DEPARTMENT is obligated to demonstrate that the Project serves to remove material or
architectural barriers to the mobility or accessibility of elderly persons or of adults meeting the
Bureau of the Census' Current Population Reports definition of "severely disabled," and is restricted,
to the extent practicable, to the removal of such barriers by assisting the reconstruction of a public
facility or improvement, or portion thereof, that does not qualify under Section 570.208(a)(1) of the
CDBG Regulations
C. The DEPARTMENT shall maintain detailed records in a format prescribed by the CITY
to demonstrate compliance with the CDBG Regulations. Said records shall include a map of the CITY
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part of the Records, files that verify that the Project meets applicable Project eligibility
requirements pursuant to 24 CFR Section 570.506.
C. The DEPARTMENT shall submit a cumulative FY 2022-2023 Annual Summary
Report no later than July 15, 2023 to CDD. The Annual Report shall include cumulative beneficiary
statistics and Project accomplishments from July 1, 2022 through June 30, 2023, and the status of the
Project as of June 30, 2023; and shall provide CDD with such information as may be reasonably
required at various times for reporting to HUD, the City Council and citizen committees.
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9. UNIFORM ADMINISTRATIVE REQUIREMENTS
A. The DEPARTMENT shall inform itself of all the requirements set forth in Subpart
J of the CDBG Regulations, and to adhere to all applicable grant administration requirements
established therein.
B. To the extent not required under the regulatory references cited above, the
DEPARTMENT shall maintain all Project administration and financial Records that the CITY is
obligated to maintain by HUD by virtue of its status as a Subrecipient of CDBG funds under Section
570.506 of the CDBG Regulations.
10. OTHER PROGRAM REQUIREMENTS
A. The DEPARTMENT shall comply with:
1) The provisions of Subpart K of the CDBG Regulations that are applicable
to the Project.
2) The provisions of 24 CFR, Subtitle B, Chapter I, Subchapter B, Part 135,
Economic Opportunities for Low and Very -Low Income Persons, that are applicable to the Project.
3) The provisions of the Notice of Outcome Performance Measurement System
for Community Planning and Development Formula Grant Programs, published in Federal
9. UNIFORM ADMINISTRATIVE REQUIREMENTS
A. The DEPARTMENT shall inform itself of all the requirements set forth in Subpart
J of the CDBG Regulations, and to adhere to all applicable grant administration requirements
established therein.
B. To the extent not required under the regulatory references cited above, the
DEPARTMENT shall maintain all Project administration and financial Records that the CITY is
obligated to maintain by HUD by virtue of its status as a Subrecipient of CDBG funds under Section
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bidder.
3) All nonexpendable property purchased or leased pursuant to this
Memorandumshall be properly identified and inventoried and shall be charged at its actual price,
deducting all cash discounts, rebates and allowances received by the DEPARTMENT.
4) This inventory shall be provided to the CITY upon request.
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11. COMPLIANCE WITH FEDERAL AND STATE LAW AND CERTIFICATION
AND ASSURANCES
The DEPARTMENT acknowledges that the funds subject to this Memorandum were
originally provided by HUD and that, consequently, the expenditure of these funds is subject to
specific requirements set forth in various federal regulations and agreements between the CITY
and HUD. In particular, this Memorandum is subject to requirements contained in the CDBG
Regulations and the Act. The DEPARTMENT shall ensure compliance with all federal
requirements in all subcontracts or subgrants entered into pursuant to this Memorandum.
12. INTERPRETATION
In the event there are inconsistencies or conflicts in this Memorandum or any attachments
hereto, unless otherwise provided herein the inconsistencies shall be resolved by giving precedence
in the following order:
A. The Act, including any amendments thereto;
B. The CDBG Regulations as approved by the Secretary of HUD, and any additional
regulations codified in the CFR applicable to the CDBG program; and, thereafter
C. The provisions of this Memorandum and its attachments.
11. COMPLIANCE WITH FEDERAL AND STATE LAW AND CERTIFICATION
AND ASSURANCES
The DEPARTMENT acknowledges that the funds subject to this Memorandum were
originally provided by HUD and that, consequently, the expenditure of these funds is subject to
specific requirements set forth in various federal regulations and agreements between the CITY
and HUD. In particular, this Memorandum is subject to requirements contained in the CDBG
Regulations and the Act. The DEPARTMENT shall ensure compliance with all federal
requirements in all subcontracts or subgrants entered into pursuant to this Memorandum.
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IN WITNESS WHEREOF, the parties have caused this Memorandum to be executed as
of the Effective Date.
"CITY"
CITY OF ORANGE a municipal corporation
By:
Rob Houston, City Manager
APPROVED AS TO FORM:
The terms and conditions of the foregoing Memorandum are understood and accepted:
"DEPARTMENT"
IN WITNESS WHEREOF, the parties have caused this Memorandum to be executed as
of the Effective Date.
"CITY"
CITY OF ORANGE a municipal corporation
lai/
�, /
Page 7 of 7
FY 2022-23
CITY OF ORANGE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Memorandum of Understanding
1. City Department
• Department Name:
• Director:
• Contact Person:
• Title:
• Extension:
• E-mail:
2. Project/Program Title:
3. Project/Program Location:
4. Funding Period:
5. CDBG Funds Amount:
6. Funding Summary:
ATTACHMENT "A"
Public Works
Christopher Cash
Martin Varona
Associate Civil Engineer
5563
mvarona@cityoforange.org
ADA Wheelchair Access Ramps
Various Locations throughout Orange, CA
July 1, 2022- December 31, 2023
$68,430
Total .
Proeram/Proiect'
FY 2022-23
CITY OF ORANGE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Memorandum of Understanding
ATTACHMENT "A"
1. City Department
• Department Name: Public Works
• Director: Christopher Cash
• Contact Person: Martin Varona
4. TOTAL 1 $ 68,43U W5,43U
7. Activity Summary:
Describe project/program for which CDBG funds will be used.
The project will provide access from sidewalk level to street level at street intersections by
either cutting down the existing curb or constructing access ramps in compliance with the
latest American Disability Act Accessibility Guidelines (ADAAG) requirements. There are
approximately 12 to 19 ramps that could be constructed within the proposed budget. The
Attachment "A"
Page 1 of 2
ramps will be installed with detectable warning devices (truncated domes) to alert the user
that he/she is entering the vehicular travel way. The improvements will provide safer,
barrier -free access to sidewalks and buildings for the disabled community.
Timeline
ReimburseVEx enditures� '
1 —2022
$1,000
Q2 — 2022
$2,000
Q3 — 2023
$32,000
Q4 — 2023
$33,430
Q 1 — 2024
-
Q2 — 2024
-
8. Estimated Accomplishments and estimated timelines:
Describe planned goals and accomplishments. Include the anticipated project timeline that
will be associated with/attributable to the CDBG funds for the program.
The disabled community of the City of Orange consists of approximately 5,000 residents.
Modifications to existing, deficient ramps to bring them up to date with the latest ADAAG
requirements and constructing new ramps at locations that are currently lacking, will enhance
sidewalk accessibility to disabled residents. These improvements to approximately 12 to 19
ramp locations will reduce barriers faced by the disabled community and provide the
necessary means for a safer mode of travel.
Tiniehne ~';; . Pro'ecfMilestone S �ecif'. the tasks accom lished'for�each ua'rter
ramps will be installed with detectable warning devices (truncated domes) to alert the user
that he/she is entering the vehicular travel way. The improvements will provide safer,
barrier -free access to sidewalks and buildings for the disabled community.
Timeline
ReimburseVEx enditures� '
1 —2022
$1,000
Q2 — 2022
$2,000
Q3 — 2023
$32,000
Q4 — 2023
$33,430
Q 1 — 2024
-
Attachment "A"
Page 2 of 2
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• CURB RAMP LOCATION
County of Los Angeles, Bureau of Land Managen