HomeMy WebLinkAboutAGR-7205 - PUBLIC WORKS DEPARTMENT - 2021-22 CDBG MOU BEVERLY NEIGHBORHOOD STREET IMPROVEMENT PROJECTA R aos
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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 (the "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(the"Act")and under Grant Number B-21-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, 2021 (the "Effective Date"), to authorize the CITY's PUBLIC
WORKS DEPARTMENT (the "DEPARTMENT") to provide the Beverly Neighborhood Street
Improvement project(the"Project"), as one of the projects to be funded by the CITY from the FY
2021-2022 CDBG grant as set forth in the CITY's FY 2021-2022 Action Plan, and as more
particularly set forth in Attachment "A" to this Memorandum of Understanding (the
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 2021-2022 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 Six Hundred Eleven
Thousand Eight Hundred Thirty Dollars and 00/100 ($611,830.00). Said CDBG funds
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were approved by the City Council on May 11, 2021, through the adoption of the FY 2021-
2022 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 l, 2021
through December 31, 2022 shall qualify to be reimbursed with CDBG funds.
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
Time of Performance and Modification: The DEPARTMENT shall expend the funds within
a time period not exceeding twenty-four (24) consecutive months following the Effective
Date of this Memorandum.
The City Manager or his designee may amend time of performance when such modifications:
a.In the aggregate do not exceed six (6) additional calendar months;
b.Are requested in writing by the DEPARTMENT;
c.Will not change the Project goals or scope of services;
d.Are in the best interests of the CITY and DEPARTMENT in performing the scope
of services under this Memorandum;
e.Do not alter the amount of funding allocated to the DEPARTMENT under this
Memarandum; and
f.Are approved in writing by the City Manager or his designee as an amendment
hereto.
Bud et Modification: Any budgedfunding increase will require City Council approval.
Time of performance extensions geater 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.
Scope of Work Modification: Minor modification to the scope of work for the Project as set
forth in Exhibit "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 wark contemplated for the Project, meets the
goals of the Project, is authorized under the terms of the CDBG Program, and otherwise is
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in compliance with all City, state and federal guidelines. Such minor modifications shall be
a written amendment hereto approved by the City Manager or his designee. Major
modifications to the scope of work for the Project require City Council approval.
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 for 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 Memarandum or within five (5) CITY
business days following the end of FY 2021-2022, the DEPARTMENT shall transfer to the
CITY any undisbursed funds or accounts receivable attributable to the use of CDBG funds.
As provided for 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
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)(2)(ii)(A), under
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.
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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 funds.
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 (the "Records"), for at least
four (4) years after the DEPARTMENT submits to the CITY its final Annual Summary
Report for the Project.
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
The DEPARTMENT shall provide to 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 fall 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.
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 hereinafter defined). 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.
The DEPARTMENT shall submit a cumulative FY 2021-2022 Annual Summary Report
no later than January 15, 2023 to CDD. The Annual Report shall include cumulative
beneficiary statistics and Project accomplishments from July l, 2021 through December 31,
2022,and the status of the Project as of December 3 l,2022;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
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.
To the extent not required under the regulatory references cited above, the DEPARTMENT
shall maintain all Project administration and fmancial Records that the CITY is obligated to
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maintain by HUD by viriue of its status as a Subrecipient of CDBG funds under Section
570.506 of the CDBG Regulations.
10. OTHER PROGRAM REQUIREMENTS
The DEPARTMENT agrees to comply with the provisions of Subpart K of the CDBG
Regulations that are applicable to the Project.
The DEPARTMENT agrees to comply with 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.
The DEPARTMENT agrees to comply with the provisions of the Notice of Outcome
Performance Measurement System for Community Plarining and Development Formula
Grant Programs, published in Federal Register Vol. 71, No. 44 on March 7, 2006.
The DEPARTMENT shall comply with 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.
Property acquired in whole or in part with funds provided pursuant to this Memorandum
shall be managed in accardance 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. The DEPARTMENT shall obtain three (3) written and
documented bids prior to purchasing or leasing any nonexpendable personal property
described in Attachment"A." The DEPARTMENT must purchase or lease from the lowest
responsible bidder. 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. 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 it understands 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;
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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.
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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:
R' Ot
City Manager
APPROVED AS TO FORM:
r'
ti. y
ary Sheat
C\''ity A ey
The terms and conditions of the foregoing Memorandum are understood and accepted:
DEPARTMENT"
PUBLIC WORKS DEPARTMENT, a department
of the City of Orange
By:
Christo her Cash
Director
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FY 2021-22
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: Kevin Yamakawa
Title: Associate Civil Engineer
Extension: 5553
E-mail: kyamakawa@cityoforange.org
2. Project/Program Title: Beverly Neighborhood Street Improvement
3. Project/Program Location: Orange,CA(Census Tract 076101; Block 2)
4. Funding Period:July 1, 2021- December 31, 2022
5. CDBG Funds Amount: 611,830
6. Funding Summary:
Total
Other Funding
Program/Project
Cost Category CDBG Funds
Sources
Budget
All Funding
Sources)
1.Personnel Services
91,775 91,775
Salaries, bene ats, etc.)
2.Miscellaneous Program/Project Costs
Office supplies, travel expenses,professional
services, etc.)
3.Capital Outlay 520,055 520,055
Pro erry acquisition, construction costs, etc.)
4.TOTAL 611,830 611,830
7. Activity Summary:
Describe project/program for which CDBG funds will be used.
The pavement structural section on Streets in the Beverly neighborhood are nearing the end
of its service life. Pavement distress is characterized by weathered cracking and raveling
which poses a safety risk to both pedestrians and vehicles alike. In addition, there are
segments of sidewalks, driveways, curb and gutter, and cross-gutters that have failed and
need to be addressed. The proposed project will address these issues by installing asphalt
concrete overlay and reconstructing concrete portions of the roadway corridor.
Attachment "A"
Page 1 of 2
Timeline Reimbursed Ex enditures
Q1 -2021 7,500
Q2 -2021 20,000
Q3 -2022 30,000
Q4-2022 554,300
Q1 -2022 0
Q2 -2022 0
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 distressed roadway in the Beverly neighborhood has a Pavement Condition Index (PCI)
of 29-74, which range from a very poor to a fair rating. The roadway rehabilitation will
increase the PCI to a good rating and thus, improve the overall roadway quality of this
neighborhood.
Timeline Pro'ect Milestone(S ecif the tasks accom lished for each uarter
Q1 -2021 Begin Design
Q2-2021 Complete Design,Complete Environmental Compliance
Q3 -2022 Bid Advertisement/Evaluation/Award
Q4-2022 Constnzction
Q 1 -2022
Q2-2022
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 far the
service area. Add rows as needed.
Census Tract
Block
of Residents #
of Low/Mod
Grou Residents Low/Mod
076101 2 2130 1305 61.27
Attachment "A"
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LOCATION MAP
THOMAS GUIDE Page 799;E3,E4 CITY OF ORANGE- PUBLIC WORKS-ENGINEERING
Service Area
ResidentialOverlay
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