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AGR-6819.C - ORANGE POLICE DEPARTMENTAaR-Lgt9.c FY 2022-2023 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ORANGE AND THE CITY OF ORANGE POLICE 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 . 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 POLICE DEPARTMENT DEPARTMENT") to provide the BIKE TEAM PROGRAM ("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. The Project's name, description, and location; B. The scope of work to be accomplished under this Memorandum; C. The Project's performance schedule and estimated timelines; and D. A budget detailing specific costs by category (i.e., Personnel Services, Miscellaneous Project Costs, and Capital Outlay/Construction Costs). Attachment"A" is attached hereto and incorporated herein by this reference and shall form the basis of performance monitoring. 2. COMPENSATION The CITY shall pay for Project costs with FY 2022-2023 CDBG funds allocated to the CITY by HUD. Under this Memorandum,the CITY shall have no obligation to fund all or any portion of the Project out of its General Fund or from any other source except CDBG funds. The use of the 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 NINETY-SEVEN THOUSAND SEVEN HUNDRED THREE DOLLARS and 00/100($97,703.00). 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 June 30, 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 twelve (12) consecutive months following the Effective Date of this Memorandum. The City Manager or designee may amend time of performance when such modifications: 1) Are requested in writing by the DEPARTMENT; 2) Will not change the Project goals or scope of services; 3) Are in the best interests of the CITY and DEPARTMENT in performing the scope of services under this Memorandum; 4) Do not alter the amount of funding allocated to the DEPARTMENT under this Memorandum; and 5) Are approved in writing by the City Manager or designee as an amendment hereto. B. Budget Modification: The City Manager or designee may increase the amount of funding allocated to the DEPARTMENT under this Memorandum when such increase is warranted, does not exceed the statutory 15 percent funding cap for Public Services, is approved by City Council, and is approved in writing by the City Manager(or his designee) in the form of an amendment hereto. 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, 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. Page 2 of 7 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 the end of FY 2022-2023, 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 part with CDBG funds in excess of$25,000 must either: A. Continue to be used to meet one of the National Objectives as set forth in Section 570.208 of the CDBG Regulations for at least five (5) years from the expiration of the term of this Memorandum; or B. Be disposed of so as to reimburse the CITY at the full fair market value of the property, less any portion thereof that is attributable to any non-CDBG funds contributed to the acquisition or improvement. This provision shall expire and lapse upon the fifth anniversary of the expiration of the term of this Memorandum 6. PROGRAM INCOME Any income earned by the DEPARTMENT as a result of the CDBG-funded Project must be returned to the CITY within thirty(30) days of its receipt. 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. 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)(1)(i),under which the DEPARTMENT is obligated to demonstrate that the Program benefits are available to all residents in a particular area, where at least 51 percent of the residents are Low and Moderate Income according to the applicable Census and American Community Survey data. Any Program activities that serve an area that is not primarily residential in character shall not qualify for CDBG funds. Page 3 of 7 B. The DEPARTMENT shall maintain detailed records in a format prescribed by the CITY to demonstrate compliance with the CDBG Regulations. Said records shall include the Census and American Community Survey data that applies to the Program; a map of the City depicting the boundaries of the entire area for the Program; a description of the Project; and documentation of staff time that is attributable to the CDBG funds. C. 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. D. 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. 8. PROJECT REPORTS A. The DEPARTMENT shall provide to the Community Development Department CDD"),on forms provided by CDD,a Quarterly Performance Report on the status of the Project, and evidence of compliance with CDBG Regulations no later than the 15th day of each October, January, April, and July during the term of this Memorandum. If any of those dates falls on a Saturday,Sunday or other day on which CITY is not generally open for business,then the submittal date for such Quarterly Performance Report shall be extended to the next following CITY business day. B. Said Reports shall at a minimum provide sufficient information to assess performance against the specifications included in Attachment "A." The DEPARTMENT shall maintain Project data and make available Project Records that might be required for the annual evaluation(as defined herein). The DEPARTMENT shall be required to compile and maintain, as 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. 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. Page 4 of 7 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 Register Vol. 71,No. 44 on March 7, 2006. 4) All requirements of the Office of Management and Budget ("OMB") guidance in 2 CFR Subtitle A, Chapter II, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. B. Property acquired in whole or in part with funds provided pursuant to this Memorandum shall be managed in accordance with the applicable provisions of 2 CFR Subtitle A, Chapter II, Part 200, and any amendments thereto that might become effective during the term of this Memorandum. 1) The DEPARTMENT shall obtain three (3) written and documented bids prior to purchasing or leasing any nonexpendable personal property described in Attachment"A." 2) The DEPARTMENT shall purchase or lease from the lowest responsible bidder. 3) All nonexpendable property purchased or leased pursuant to this Memorandum shall 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. 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 Page 5 of 7 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. In case of conflict between the terms of this Memorandum and the terms contained in any document attached as an attachment,the terms of this Memorandum will strictly prevail unless the terms are in conflict with federal, state or local law, in which case that particular law shall strictly prevail. SIGNATURES ON FOLLOWING PAGE. Page 6 of 7 IN WITNESS WHEREOF, the parties have caused this Memorandum to be executed as of the Effective Date. CITY" CITY OF 0 GE a municipal corporation By: 4 Rob Houston, City Manager APPROVED AS TO FORM: ry :. S• - tz, City Attu= The terms and conditions of the foregoing Memorandum are understood and accepted: DEPARTMENT" POLICE DEPARTMENT, a department of the City of Orange By: Dan.6.Giertr Police Chief Page 7 of 7 FY 2022-2023 CITY OF ORANGE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Memorandum of Understanding ATTACHMENT "A" 1. City Department Department Name: Police Director: Dan Adams Contact Person: Hilda Montoya Title: Sr.Administrative Analyst Extension: 7522 E-mail: hmontoya@orangepd.org 2. Project/Program Title: Bike Team Program 3. Project/Program Location: Low and Moderate Income Census Tracts and Block Groups listed on Page 2 and 3 4. Funding Period:July 1, 2022 - June 30, 2023 5. CDBG Subgrant Amount: 97,703 6. Funding Summary: Total City'of Orange Other Funding Program/Project Cost Category CDBG Subgrant Sources Budget All Funding Sources) 1.Personnel Services 97,703 630,859 728,562 Salaries, benefits, etc.) 2.Miscellaneous Program/Project Costs Office supplies, travel expenses,professional services, etc.) 3.Capital Outlay Property acquisition, construction costs, etc.) 4.TOTAL 97,703 630,859 728,562 Attachment "A" Page 1 of 3 7. Activity Summary: Describe project/program for which CDBG funds will be used. The funds will be used towards the cost of salaries and benefits for a Police Sergeant and all Police Officers on the Bike Team. Timeline Reimbursed Expenditures Q 1 —2022 25,000 Q2—2022 25,000 Q3—2023 25,000 ' Q4-2024 22,703 8. Estimated Accomplishments: Describe planned goals and accomplishments. Include the proposed number of hours that will be associated with/attributable to the CDBG funds for the program. Conduct twenty-five (25) compliance checks on subjects who are on Parole, Probation or Post Release Community Supervision and who are residing in the CDBG areas. Resolve neighborhood parking issues and congestion through routine patrol and the issuance of fifty (50) parking citations for various parking-related violations, such as fire lanes, fire hydrants, alley parking and unregistered vehicles. Serve forty (40) warrants for wanted individuals residing within the identified grant areas. Complete fifty (50) "Field Interview" and/or "STEP" cards documenting persons of interest who may be involved in gang or criminal activity. Identify and/or arrest fifty (50) individuals that are involved in the use, possession and/or distribution of illegal drugs. Conduct one-hundred (100) directed patrols at City parks addressing quality of life issues through enforcement of the municipal codes. The estimated number of hours attributable to the CDBG funds is approximately 1,116. 9. Beneficiary Information For programs that will serve specific areas, provide the following documentation. Attach a map showing the location of the program and the boundaries of the service area that will benefit from the program. In the table below, list the Census Tracts, Block Groups, and income data for the service area. Add rows as needed. Attachment "A" Page 2 of 3 of Census Block Low/Mod of Tract Group Residents Residents Low/Mod 021913 2 1085 1735 62.54 021913 4 3275 4135 79.20 075805 1 1345 1490 90.27 075805 2 780 1515 51.49 075805 3 685 1255 54.58 075806 2 525 990 53.03 075806 3 1260 1365 92.31 075806 5 935 1065 87.79 075807 3 555 690 80.43 075811 2 1335 1415 94.35 075812 1 2415 2960 81.59 075813 2 530 825 64.24 075815 2 1940 2500 77.60 075816 1 2320 2670 86.89 075901 2 545 950 57.37 075901 3 1680 2430 69.14 075902 2 1550 2250 68.89 075902 3 850 1265 67.19 075902 5 310 505 61.39 076000 1 470 745 63.09 076000 2 1610 2775 58.02 076000 3 865 1325 65.28 076000 4 980 1765 55.52 076000 5 910 1705 53.37 076101 1 2715 4750 57.16 076101 2 1305 2130 61.27 076101 3 870 1295 67.18 076102 1 1100 1390 79.14 076102 3 1655 1950 84.87 076102 4 580 1025 56.59 076103 1 1435 1630 88.04 076103 3 1860 2350 79.15 076204 2 1625 2025 80.25 076204 3 1710 1745 97.99 076205 2 730 1305 55.94 076206 1 1065 1445 73.70 076206 2 655 1055 62.09 076206 4 685 1140 60.09 076208 4 515 760 67.76 Total 47,260 66,320 71.26 Attachment "A" Page 3 of 3 CITY OF ORANGE l e mmunity DerebpmeotBlockGrantPogram COL,rt , oW • ` 1: Etigr-%.01111'-Lwiwmatenom@y Z w..x Lomond Ii"4'a Gla:_' a1 7/ P de oi.- ., , `y SERM l' a i" : ink, . 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