AGR-6994 - ORANGE CITY LIBRARY - FY 2020-21 CDBG LIBRARY ADA IMPROVEMENT PROJECTa R--
P
tGOHPoI qTFo,
Vi
i"'
i````
4A y..G-ti.
c
FY 2020-2021
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 ("HLTD") under litle 1 of the Housing and Urban Development Act of
1974, as amended(the"Act") and unde 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 (tlie "Effective Date"), to authorize the CITY's LIBRARY
SERVICES (the "DEPARTMENT") to provide the Library ADA Improvement project (the
Project"), as one of the projects to be funded by the CITY from the FY 2020-2021 CDBG grant
as set forth in the CITY's FY 2020-2021 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 2020-2021 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 Sixty-Five
Thousand Dollars and 00/100 ($65,000.00). Said CDBG funds were approved by the City
Page 1 of 7
Council on April 14, 2020, through the adoption of the FY 2020-2021 budget. The funds
to be disbursed under this Memorandum shall include all related costs in accordance with
the limitations and funding requ,irements set forth in this Memorandum and Attachment
A"hereto. Only expenditures incurred from July 1, 2020 through December 31, 2021, or
as otherwise extended pursuant ti this Memorandum, 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 sha ll conform to all federal, state and local laws, rules and
regulations.
i
4. TIlVIE 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 eighteen (18) 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
Memorandum; and
f.Are approved in writing by the City Manager or his designee as an amendment
hereto.
Bud et Modification: The City Manager or his designee may increase the amount of funding
allocated to the DEPARTMENT under this Memorandum up to a maximum of $30,000,
Page 2 of 7
when such increase is warranted and is approved in writing by the City Manager or his
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.
Scope of Work Modification: 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 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 Memorandum or within five (5) CITY
business days following the final date for performance as authorized pursuant to this
Memorandum, 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
Page 3 of 7
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 REOUIREMENTS
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.
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
CTTY 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 moni tor 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 the CITY's 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
Page 4 of 7
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 2020-2021 Annual Summary Report
no later than January 15, 2022 to CDD. The Annual Report shall include cumulative
beneficiary statistics and Project accomplishments from July l, 2020 through December 31,
2021, and the status of the Project as of December 31, 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 REOUIREMENTS
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 adininistration and financial Records that the CTTY 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
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 Opporiunities 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 Cotnmunity Planning and Development Formula
Grant Programs,published in Federal Register Vol. 71,No. 44 on March 7, 2006.
Page 5 of 7
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 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. 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 HiJD. 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 H[TD, 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.
Page 6 of 7
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. '
ecl Otto
City Manager
APPROVED AS TO FORM:
1
ary Sh a
City orney
The terms and conditions of the foregoing Memorandum are understood and accepted:
DEPARTMENT"
LIBRARY SERVICES DEPARTMENT, a
department of the City of Orange
By: L`K-
Da Curtis
Director
Page 7 of 7
ATTACHMENT "A"
PROGRAM DESCRIPTION
Beneath this sheet.]
FY 2020-21
CITY OF ORANGE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Memoraadum of Understanding
ATTACHMENT "A"
1. City Department
Department Name: Library Service
Director: Curtis
Contact Person: Shannon Lane
Title: Senior Library Manager
Extension: 2422
E-mail: slane@cityoforange.org
I
2. Project/Program Title: AD A Improvements
I
3. Project/Program Location: Orange Public Library
4. Funding Period:July 1, 2020-December 31, 2021
5. CDBG Funds Amount: 65,000
6. Funding Summary:
Total
Other nding
program/Project
Cost Category CDBG Funds
Sources
Budget
All Funding
Sources)
1.Personnel Services
5,000.00
Salaries, bene rts, etc.
2.Miscellaneous Program/Project Costs
Office supplies, travel expenses,professional 750.00
services, etc.
3.Capital Outlay 59,250.00
Pro er ac uisition, construction costs, etc.
4.TOTAL 65,000.00 65,000.00
7. Activity Summary:
Describe project/program for which CDBG funds will be used.
Timeline Reimbursed Ex enditures
1 -2020 1,700.00
2-2020 32,000.00
3 -2021 31,300.00
4-2021
1 -2021
2-2021
Attachment "A"
Page 1 of 2
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.
Timeline Pro'ect Milestone S eci the tasks accom lished for each uarter
Q1 -2020 Project approved to start,initial research complete.
Q2-2020 Project goes out to bid,physical installation begins.
Q3 -2021 All installations and work for project complete.
Q4-2021
Q 1 -2021
Q2-2021
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.
This ADA project is eligible under the presumed benefit criteria.
Attachment "A"
Page 2 of 2
a--.
r
o',r:-"
y t
f' i V' * =- ,-^=' -'— f
5 4 ,..' ,..,=....._ rt L..v-a
n,..
r- r-
51 Jj ." t c,i
Y'
1'
F
t '.. f ."`..,
l5`
y : ',....,.--"'i r R .,,.',,,
t,:-"
Y''
J" .. .
7 . ' _ .~`, .. . . .. . . .
f
i
tr
j
p
e-
w
3
r
F.. ' i
Q.
j f- „
J
@
7•; ' ctpt+' A!'.INEfelt ,r---
f -r'` J
j
Jy__,,.,_,-
c.; ,, reaea 1} Q i,' r,` .+w .
J
r $ i cy ,,c.: r
J V
k9
a
1
a ..
r :, HEI e
r h
d_ .
4.,,. 1
y t6 f4aW,...
f'
F4 ti w hkF
I ay
r .
3 P
r a a
y„,'
B8L4 k Fto_ '.; i'ILL:1pARlC .
1 i ,vE_ .. -- —- —
o 1 Fr AVEy ,
F/
i
I fm
i N . F t"—`r''`.,
s iR,.. ,'
t
BR9
W J
r
PFECL A E
y
ViLA „PAR.K,:.. ..r_,a f°
EL1!
J
J..
rr
s
1 1'j., rf
L J
TEWi
f
c w j ,:ti. ' , 't. .
y
ca ue
avcn:i
1
q 7.
i t :
r
Oe O W C
qi..
i . f
AINUJ s.+. . LLu
jV . V z i: ... ''*1.. .
J CAM EAV'"
r%
i i
Y R` • .
1f, c Y SPRINO
l r t m 0
i
4
y
I'
CHAPR . AVE YOMVIEW
I A a m -j
G E
I x"
PppStf
L 01
r.1I . • I z, .
GIfUVE 1 t04 4fi VETA A'F
LA y!,
f/
f\ ¢ 1
G
C'
D, .'~'^-,vuJ FW
l
1
GROVE
3 G
EUm. ME p .• . ., fiHM1VE.._l54E umr.l . , .,_ ..--.,,r,,.' `.. . J`l
1 o s,1T. aS l . coc:rrr
c 1.
rnwsec vEF r sANrA CURn y d._ . . . ' - . I
Orange Public Library&History Center Taft Library 0 ElModena Library