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F Y 2020-21
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
MEMORANDUM OF UNDERSTANDING
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-20-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, 2020 (the "Effective
Date"), to authorize the CITY's POLICE DEPARTMENT (the "DEPARTMENT") to provide the Bike
Team Program (the "Program"), as one of the programs to be funded by the CITY from the FY 2020-21
CDBG grant as set forth in the CITY's,.FY 2020-21 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 Program.
1. DESCRIPTION OF PROGRAM
The DEPARTMENT has provided an attachment to this Memorandum designated as Attachment
A"that describes in appropriate detail the Program, consisting of the following components:
a. The Program's name, description, and location;
b. The scope of work to be accomplished under this Memorandum;
c. The Program's performance and expenditure schedule; and
d. A budget detailing specific costs by category (i.e., Personnel Services, Miscellaneous Program
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 Program costs with FY 2020-21 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 Program
out of its General Fund or from any other source except CDBG funds. The use of the General Fund
for any non-CDBG Program 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 One Hundred Thousand Dollars and 00/100 ($100,000.00). Said CDBG funds were
approved by the City Council on April 14, 2020. The funds to be disbursed under this Memorandum
shall include all related costs in accordance with the limitations and funding requirements set forth in
Page 1 of 6
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this Memorandum and Attachment "A" hereto. Only expenditures incurred from July 1, 2020
through June 30, 2021 shall qualify to be reimbursed with CDBG funds.
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3. USE OF FUNDS
The DEPARTMENT shall use all funds provided pursuant to this Memorandum exclusively for the
purpose of implementing its approved'Program as described in Attachment"A," or as it may be later
amended. No funds provided by the CITY under this Memorandum to the DEPARTMENT shall be
used for any political activity whatsoever or for any other purpose.
The DEPARTMENT shall use monies received under this Memorandum in strict conformity with
applicable provisions of the CDBG Program regulations issued by HCTD and found at 24 Code of
Federal Regulations ("CFR") Subtitle iB, Chapter V, Subchapter C, Part 570 ("CDBG Regulations")
and as further specified in other parts of this Memarandum. All services provided hereunder shall
conform to all federal, state and local laws,rules and regulations.
4. TIlVIE OF PERFORMANCE AND CHANGESBUDGET MODIFICATION/ SUSPENSION
AND TERMINATION
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 his
designee may grant time of performance modifications to this Memorandum when such
modifications:
a. Are requested in writing by the DEPARTMENT;
b. Will not change the Program goals or scope of services;
c. Are in the best interests of the CITY and DEPARTMENT in performing the scope of services
under this Memorandum;
d. Do not alter the amount of fiinding allocated to the DEPARTMENT under this
Memorandum; and
e. Are approved in writing by the City Manager or his designee in the form of an amendment
hereto.
The City Manager or his 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% funding
cap for Public Services,is approved by the City Council,and is approved in writing by the City Manager
or his designee)in the form of an amendment hereto.
The authorization granted by this Memorandum may be terminated by the CITY at any time. The
CITY may, from time to time, make changes in the scope of services to be performed hereunder and
will so notify the DEPARTMENT in writing. The CITY reserves the right to reduce funding
allocations contained in this Memorandum at any time and for any reason.
Page 2 of 6
In accordance with the requirements of 2 CFR 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 Memorandutn and the funds allocated hereunder may also be
terminated for convenience as provided for in 2 CFR 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 I
Upon the earlier to occur of termination of this Memorandum or within five (5) CITY business days
following the end of FY 2020-21, 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, ariy 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 iinprovement. 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 Program must be
rehirned to the CITY within 30 days of its receipt.
7. RECORD-KEEPING REQUIREMENTS
The DEPARTMENT shall maintain,on a current basis,a Prograni 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 Program shall meet the National Objective of benefiting Low and Moderate Income persons in
the area 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% 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 6
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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 the Census and American Community
Survey data that applies to the Program;a map of the CITI'depicting the boundaries of the entire service
area for the Program; a description of the services provided;and documentation of Progrun staff time that
is attributable to the CDBG fiuid.
Except in the event of any litigationl 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 Program 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 Program.
The DEPARTMENT shall make available for inspection to authorized CITY and HLTD personnel,
the DEPARTMENT's Records pertaining to the Program and allow those personnel to inspect and
monitor its facilities and Program ope'rations, including the interview of the DEPARTMENT's staff
and Program participants as required to enable the CITY and HUD officials to fulfill their obligations
to ensure compliance with all applicable laws and regulations.
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8. PROGRAM REPORTS
The DEPARTMENT shall provide to the CITY's CDD, on forms provided by CDD, a Quarterly
Performance Report on the status of the Program, 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
Memoranduin. 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 Program data and
make available Program 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 Program meets applicable Program eligibility requirements pursuant to 24
CFR Part 570.506.
The DEPARTMENT shall submit a cumulative FY 2020-21 Annual Summary Report no later than
July 15, 2021 to CDD. The Annual Report shall include cumulative beneficiary statistics and
Program accomplishments from July 1, 2020 through June 30, 2021, and the status of the Program as
of June 30, 2021; 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.
Page 4 of 6
To the extent not required under the regulatory references cited above, the DEPARTMENT shall
maintain all Program adininistration and financial Records that the CITY is obligated by HUD to
maintain by viriue of its status as a Subrecipient of CDBG funds under Section 570.506 of the CDBG
Regulations. I
10. OTHER PROGRAM REpUIREMENTS
The DEPARTMENT shall comply with the provisions of Subpart K of the CDBG regulations that are
applicable to the Program approved under this Memorandum.
The DEPARTMENT shall 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 Prograin approved under this Memorandum.
The DEPARTMENT shall comply with the provisions of the "Notice of Outcome Performance
Measurement System for Community Planning and Development Formula Grant Programs."
The DEPARTMENT shall comply with all requirements of the Office of Management and Budget
OMB") guidance on Uniform Administrative Reguire nents, Cost Principles, and Audit
Requirements for Federal Awards (2 CFR Part 200).
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 Part 200, and any amendments
that might become effective thereto 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 for 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 bettiveen the CITY and HUD. In
particular, this Memorandum is subject to requirements contained in the CDBG regulations and the Act.
The DEPAR'TMENT shall ensure compliance with all federal requirements in all subcontracts or subgrants
entered into pursuant to this Memorandum.
Page 5 of 6
12. INTERPRETATION
In the event there are inconsistencies or conflicts in this Memorandum or any attaclunents hereto,
unless otherwise provided herein, the inconsistencies shall be resolved by giving precedence in the
following order: i
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.
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:
tto
City Manager
AP VED AS TO FORM:
ary S ea
City ey
The terms and conditions of the foregoing Memorandum are understood and accepted:
DEPARTMENT"
POLICE DEPARTMENT, a department of the City of
Orange
By:
Thomas C. Kisela
Police Chief
Page 6 of 6
ATTACHMENT "A"
PROGRAM DESCRIPTION
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Beneath this sheet.]
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FY 2020-21
CITY OF ORANGE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Memorandum of Understanding
ATTACHMENT "A"
1. City Department
Department Name: Police
Director: Thomas C.Kisela
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 3 of 3
4. Funding Period:July 1, 2020 - June 30, 2021
5. CDBG Subgrant Amount: 100,000
6. Funding Summary:
4_ . 4
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City of Orange Otlier Funding
1'rogra roject
udgeta.Cost Category , '° CDB G ubgrant ` ° °`ources
Al1 Funding
n_ n;
u S.ources _ _
1.Personnel Services
100,000 479,230 579,230
Salaries, benefrts, etc.)
2.Miscellaneous Program/Project Costs
Office supplies, travel expenses,professional
services, etc.)
3.CapitalOutlay
Pro er ac uisition, construction costs, etc.)
4.TOTAL 100,000 479,230 579,230
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 ,,Reimtbursed.Ex enditures
Q1 -2020 25,000
Q2-2020 25,000
Q3 -2021 25,000
Q4-2021 25,000
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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 1,077
annually based upon an average hourly rate of $93 ($63/hr for salaries and $30/hr for
benefits).
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u Tim+eline ': P"!. -Milestone t,;y E°' Served; '
Q 1-2020 Twenty-five percent completion of planned goals
81
Q2-2020 Fifty percent completion of planned goals 80
Q3 -2021 Seven -five ercent com letion of lanned oals 77
Q4-2021 One-hundred percent completion of planned goals 77
9. Beneficiary Information
For programs that will serve specific areas, provide the following documentation. Attach a map
Attachment "A"—Exhibit 1)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
Census Tract
Block
of Residents #
of Low/Mod
Grou Residents Low/Mod
075811 2 1400 1400 100
075806 5 820 785 95.73 _
075812 1 3245 2865 88.29
076204 2 1430 1245 87.06
021913 4 i 3875 3310 85.42
075806 3 i 1355 1140 84.13
076204 3 I 1585 1325 83.60
075807 3 705 580 82.27
075815 3 1010 790 78.22
075805 1 1105 855 77.38
076205 3 1975 1480 74.94
075901 3 2375 1735 73.05
075901 1 675 480 71.11
076000 2 i 1985 2800 70.89
076101 3 , 1330 940 70.68
075902 3 2150 1500 69.77
075902 2 2450 1690 68.98
076102 3 1975 1335 67.59
076000 3 1690 1075 63.61
076103 3 3755 2360 62.85
076102 1 1540. 920 59.74
076205 2 870 1460 59.59
075816 1 2115 1250 59.10
075807 1 1105 645 58.37
076101 1 1920 1110 57.81
075815 2 1780 1020 57.30
076000 1 935 535 57.22
075813 2 1315 750 57.03
075901 2 870 495 56.90
076206 1 1235 700 56.68
075902 5 585 330 56.41
075805 3 1210 655 54.13
076206 4 1265 680 53.75
076202 3 1805 935 51.80
021914 1 3325 1700 51.13
Total 58765 42875 72.96
N:\CDD HOUSING\CDBG 2020-21 Uv10U PD
Attachment "A"
Page 3 of 3
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2020—2021 CDBG AREAS
AREA 1 BOUNDED BY: W. Orangewood Ave/State College/The City Dr./Garden Grove Blvd./S. Lewis
St./W. Chapman Ave./City Limits/W. Simimons Ave/N, Lewis St.
I
AREA 2 BOUNDED BY: W.Collins Ave./N. Batavia St./W.Taft Ave./N.Orange Olive Rd./E. Meats Ave.
N.Shaffer St./E.Taft Ave./ N. Glassell St/E. Katella Ave./N. Cambridge/E. Collins Ave./N. Glassell
St. /W. Walnut Ave. / N. Main St. /W. Chapman Ave. / S. Grand St. / E. Culver/ S. Cambridge St. / E.
Chalynn Ave./S.Greengrove Dr./E. Palmyr'a Ave./S.Tustin.St./Santiago Creek/City Limits/NB 55 FWY
State College/City Limits/Santa Ana River/Railroad Tracks/N Eckhoff
AREA 3 BOUNDED BY: E. Lincoln Ave./SB 55 FWY./WB 22 FWY./S.Tustin St./ E. Chapman Ave./ N.
Batavia St./W.Walnut Ave./N. Glassell St./E. Palm Ave./N. Cambridge St./E.Walnut Ave./N.Tustin
I
St./E. Mayfair Ave./N. Cambridge St./E.Taft Ave./N.Tustin St.
AREA 4 BOUNDED BY: E. Collins Ave. /Sa i tiago Creek/ E. Walnut Ave./ N. Rancho Santiago Blvd. / E.
Chapman Ave./S. Hewes Ave./ E. Philo Ave. / E. Marmon Ave: /S. Esplanade St. / E. Palmyra Ave. /S.
James St./E. Chapman Ave./Santiago Creek/Adele St.