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HomeMy WebLinkAboutAGR-7862.0.8 - CITY OF ORANGE PUBLIC WORKS DEPARTMENT - MOU - CDBG FY 25-26 STREET REHABILITATIONDocusign Envelope ID:38013B7A-3034-477C-BA4B-05BBFE3D3BB1 MIWI AG R-7862.0.8 FL•f7 FY 2025-2026 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-25-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, 2025 ("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 2025-2026 CDBG grant as set forth in the CITY's FY 2025-2026 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 2025-2026 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 FOUR HUNDRED AND EIGHTY EIGHT THOUSAND SIX HUNDRED AND SIXTEEN DOLLARS AND 00/100 ($488,616.00). Said CDBG funds were approved by the City Council on June 24, 2025, and through the adoption of the FY 2025-2026 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 1,2025,through June 30,2027 shall qualify to be reimbursed with CDBG funds. Page 1 of 7 Docusign Envelope ID:38013B7A-3034-477C-BA4B-05BBFE3D3BB1 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 twenty four(24)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 Docusign Envelope ID:38013B7A-3034-477C-BA4B-05BBFE3D3BB1 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 the end of FY 2025-2026, 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. 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 Docusign Envelope ID:38013B7A-3034-477C-BA4B-05BBFE3D3BB1 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;agreements with subcontractors,a description of the Project;and documentation of staff time that is attributable to the CDBG funds. 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. 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 15t' 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 2025-2026 Annual Summary Report no later than July 15, 2026 and a cumulative FY 2026-2027 Annual Summary Report no later than July 15,2027 to CDD if any project expenses are incurred after July 1,2026. The Annual Report shall include cumulative beneficiary statistics and Project accomplishments from July 1,2025 through June 30, 2026 and July 1, 2026 thought June 30,2027 if any project costs are incurred after July 1,2026,and the status of the Project as of June 30,2026 and June 30,2027 is applicable;and shall Page 4 of 7 Docusign Envelope ID:38013B7A-3034-477C-BA4B-05BBFE3D3BB1 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. 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. Page 5 of 7 Docusign Envelope ID:38013B7A-3034-477C-BA4B-05BBFE3D3BB1 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 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 Docusign Envelope ID:38013B7A-3034-477G-BA4B-05BBFE3D3BB1 IN WITNESS WHEREOF, the parties have caused this Memorandum to be executed as of the Effective Date. CITY" CITY OF ORANGE, a municipal corporation r—Sawl br• By: 24 arRrtFA Snbrand, City Manager ATTEST: Signd by: Yaamela Megan, City Clerk APPROVED AS TO FORM: tDocuSigned by: c) 1il cx., at al%Dnounan, City Attorney Al The terms and conditions of the foregoing Memorandum are understood and accepted: DEPARTMENT" PUBLIC WORKS DEPARTMENT, a department of the City of Orange Signed by: By: ( 'lStDpur S. (AL 25sE opRer 'ash, Director Page 7 of 7 Docusign Envelope ID:38013B7A-3034-477C-BA4B-05BBFE3D3BB1 FY 2025-2026 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: Dien Vu Title: Senior Civil Engineer Extension: 5551 E-mail: dienvu@cityoforange.org 2. Project/Program Title: CDBG Fiscal Year 25-26 Street Rehabilitation 3. Project/Program Location: Various Locations throughout Orange,CA 4. Funding Period:July 1,2025—June 30,2027 5. CDBG Funds Amount: 488,616 6. Funding Summary: Total Other Funding Program/Project Cost Category CDBG Funds Sources Budget All Funding Sources) 1.Personnel Services 48,861 48,861 Salaries, benefits, etc) 2.Miscellaneous Program/Project Costs Office supplies, travel expenses,professional services, etc.) 3.Capital Outlay 439,755 S439,755 Property acquisition, construction costs, etc) 4.TOTAL 488,616 488,616 7. Activity Summary: Describe project/program for which CDBG funds will be used. The proposed project will rehabilitate roadway pavement on various public streets included in the location map included. The proposed project will address issues with existing infrastructure such as pavement distress that causes cracking and raveling of roadways which can be a safety risk to both pedestrians and motorists. The street rehabilitation improvements will enhance safety and quality of life for neighborhood residents and improve the service life of local infrastructure. Attachment "A" Page 1 of 2 Docusign Envelope ID:38013B7A-3034-477C-BA4B-05BBFE3D3BB1 Timeline Reimbursed Expenditures Q 1 —2025 Q2—2025 Q3—2026 30,000 Q4—2026 5,000 Q1 —2026 350,000 Q2-2026 103,616 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. As part of the City's strategic plan goals, the City's mission is to provide outstanding public service through City facilities and services to meet customer expectations. That proposed project will improve and rehabilitate street pavement that is in need of improvement. CDBG funds will be used for these street improvements on several public streets in eligible areas. Timeline Project Milestone(Specify the tasks accomplished for each quarter) Q1 —2025 Q2—2025 Q3—2026 Begin Design Q4—2026 Complete Design and Advertise Bids Q1 -2026 Evaluate and Award Bids,Start Construction Q2-2026 Complete Construction- 9. Beneficiary Information For programs that will serve specific areas, provide the following documentation. Attach a map showing the location of the project. Please see attached street locations. Attachment "A" Page 2 of 2 Docusign Envelope ID:38013B7A-3034-477C-BA4B-05BBFE3D3BB1 o 1r N ce } w w J 271 lI i u I ¢ 270 ' Z i z N t N 1 L o r` r- u) r` \ f ,__ i N N N N N N 1 242 E KILLINGSWORTH AVII1 ( 232 231 1ill i wN , 222 221 L1Izi 212 211 2j y _ N 1Ili rj0 202 201 l r---. 1 ! N p 1 I 1 1 Eto ' 190 189 ti w I ' w 1>: Ni N , Q i 224A-0 1 180 179 1 ti z1 175 _ Z N 1 0 170 169 22, ti Yr- 'enNi165I 4 160 159 ti j v 23 0 co , 1 153 man Medical 150 149 1p N.N 1 Center I ! I 1 1 t i 141 120 13 140 139 I 1 tv1 116 N A I I C 114 A 1 ! `'N 112 13 126 125 1 ' CV°N° 1 1 0tA.; Nti 108 109 106 N 102CONN % \ CO 100 7" -------------""".,..________-E C H A P MAN AY --- v N NOTE-Recent data updates may not be reflected on this Street Rehabilitation Project Location map at the time of printing,use at your discretion No part of this map shall be reproduced M commercial purposes. N U . r. i:z,25 CDBG FY 25-26 Street Rehabilitation Project 0 , 0.01 0.03 CITY OF ORANGE fl mi Location Map 1DateExported.7/30/2025 Credits.City of Orange(2025) Docusign Envelope ID:38013B7A-3034-477C-BA4B-05BBFE3D3BB1 r HOOVER AVE t11u,, I 1 p 1 1 i=-- WIL'50N AVE i 1 f m.__._ _. 4. 1 i W .S NAVE C E T, AV i1 SAVE I ADAM1_.._., Y.-_-_--._w._.-.- r` II llfE OUINCY AVE QUINCY AAVE ? I' 01 ill f JACKS ON AVE• t MONRO4 AVE! -- MONROE AVE S il i(.\-:::,t' LOCUST E L COST AVE 1 f j' z 1 ,• ; : fs J 0,01 JACARANDA AVE cec:-, I u. . i_.: i : COLLINS AVE 1 \ _. .- OARK,.EV E l City of Anaheim,County of Los Angeles,Bureau of Land Management, f Esr%HERE,Garmin,GeoTechnologies,Inc.,USGS,EPA,Esri,HERE,Garmin, c)OpenStreetMap contributors,and the GIS user community i 1 I C C it' of NOTE:Recant dem upeies nay not be reflected on this map at the time of priei,g,use at your discretion. rangee part ofthisrrmapgshallshallbe reproduced for1) l' commercial purposes. N w _ io_ E 1:4,514 o s 0.03 o.06 CITY OF ORANGE mi Location Map 2DateExported:11/4/2024 Credits:City of Orange(2024)