HomeMy WebLinkAboutCity of Huntington Beach - 2023-07-01 (6) CITY OF HUNTINGTON BEACII
MEMORANDUM OF UNDERSTANDING
(Program N9. 13-23-MCQ6-0506
For Program Year 2023/2Q24
Community Development Block Grant(CDBG)
(ADA Curb Cuts Maintenance Zone 1)
THIS MEMORANDUM OF UNDERSTANDING(MOU) is entered into as of
this Pt day of July, 2Q23 by and between the CITY OF HUNTINGTON BEACH, a
municipal corporation, hereinafter referred to as"City," and the PUBLIC WORKS
DEPARTMENT, hereinafter referred to as "Subrecipient."
RECITALS
WHEREAS,the City has applied for and received funds from the United States
Government under Title I of the Housing and Community Development Act of 1974,
Public Law 93-383; and
WHEREAS, the City wishes to engage the Subrecipient to assist the City in
utilizing such funds; and
WHEREAS, Community Development is delegated the responsibility for the
administration of the Community Development Block Grant Program; and
WHEREAS,the City has environmental clearance to release the funds for this
project;
NOW, THEREFORE, in consideration of these recitals, and the mutual covenants
contained herein, Community Development and Subrecipient agree as follows:
1) STATEMENT OF WORK
A. Scope of Services: Subrecipient shall perform all the services described in
the Project Description(Project) and Scope of Services as set forth on
Attachment 1 to this MOU, a copy of which is attached and incorporated
by reference.
B. Time of Performance: Subrecipient is to proceed with obtaining all
requisite approvals to commence the Project on July 1, 2023. Every effort
shall be made by the Subrecipient to expend the allocated funds in their
entirety within one year from the commencement of the Project.
C. Compensation and Method of Payment: The City has allocated Federal
CDBG funds in the amount of One Hundred Twenty Seven Thousand
Four Hundred Ninety Eight Dollars ($127,498) for the Scope of Services
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and Budget, as outlined in the Attachment 1, incorporated herein by
reference. The Subrecipient shall furnish all labor, materials and services
and bear all expenses necessary to provide for the project as outlined in
this MOU.
The Subrecipient shall submit to the City a"Reimbursement Request"
within fifteen(15) calendar days after the end of the first three quarters.
The reimbursement request for the fourth quarter is due by July 15, 2024.
The reimbursement requests shall include documentation to verify that the
expenditure of funds is consistent with the project description/definition as
approved. Prior to reimbursing the Subrecipient,the City will verify that
the Subrecipient has met all applicable regulations for the project. Payroll
records, receipts,paid invoices, including an itemized statement of all
costs are samples of appropriate methods of reimbursement
documentation. The Activity Report (as outlined in Section 3) is due at
the same time as the reimbursement request.
The Subrecipient may request reimbursement of up to one fourth (1/4th) of
the grant amount for the following quarterly periods, unless receipts and
appropriate documentation can be provided to, and approved by, the City
indicating the need to request funds greater than one fourth(1/4").
1st Quarter—July 2023 through September 2023
2n4 Quarter—October 2023 through December 2023
3rd Quarter—January 2024 through March 2Q24
4th Quarter—April 2024 through June 2024
D. National Objectives: The Subrecipient certifies that the activities carried
out with funds provided under this MOU will meet one or more of the
CDBG program's National Objectives: 1) benefit low/moderate income
persons; 2) aid in the prevention or elimination of slums or blight; 3) meet
community development needs having a particular urgency as defined in
24 CFR Part 57Q.208.
2) NOTICES
Communication and details concerning this contract shall be directed to the
respective Department Heads executing this MOU.
3) RECORDS AND REPORTS
The Subrecipient shall maintain separate accounting records for the Federal
CDBG funds provided by the City. The City, federal Grantor Agency,
Comptroller General of the United States, or any of their duly authorized
representatives shall have access to all books, documents, papers and records
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maintained by the Subrecipient which directly pertain to the above project for the
purpose of audit, examination, excerpts and transcriptions.
Unless otherwise notified by the City,the Subrecipient shall retain all financial
records, supporting documents and statistical reports related to the project
identified under this MOU for a period of five (5) years from the date of project
completion and/or alternatively five years from the date of an audit finding such
finding has been cleared by appropriate officials and the Subrecipient has been
given official written notice.
The Subrecipient shall submit"Quarterly Activity Reports" at the same time as
the reimbursement request within fifteen(15) calendar days of the end of the first
three quarters. The city will provide a reporting form for Subrecipient's use. The
final quarterly report is due no later than July 15, 2024. Quarterly reports shall be
provided by the Subrecipient to the City and must include sufficient information
to assist the City in monitoring the Subrecipient's performance. The Subrecipient
must demonstrate satisfactory performance prior to reimbursement for
expenditures.
4) PROGRAM REQUIREMENTS
The Subrecipient shall adhere to the terms of this MOU and with assurances and
agreements made by the City to the United States Department of Housing and
Urban Development.
The Subrecipient shall comply with applicable Uniform Administrative
Requirements as described in Section 570.5Q2 of the federal regulations for the
CDBG Program. The Federal requirements are incorporated herein.
The Subrecipient shall carry out all activities in compliance with all Federal laws
and regulations as described in Subpart K, such as labor standards (Davis Bacon
Act), procurement requirements (Build America, Buy America Act of 2021) and
fair housing requirements of the CDBG Program Regulations, except that:
a) The Subrecipient will not assume the City's environmental
responsibilities as described in Section 570.604; and
b) The Subrecipient will not assume the City's responsibility for
initiating the review process required under the provisions of 24
CFR Part 52.
The provisions of Subpart K of the CDBG Regulations are incorporated, by
reference, as a condition of this MOU.
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The Subrecipient shall comply with all Federal regulations related to the use of
CDBG funds by religious organizations, if applicable to this MOU and the
approved project outlined herein.
5. SECTION 3 COVERED ASSISTANCE
Where the Subrecipient receives CDBG funds for work arising in connection with
housing rehabilitation, housing construction, or other public improvements,the
requirements of Section 3 of the Housing and Urban Development Act of 1968
shall apply as follows:
A. The work to be performed under this contract is subject to the
requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended, 12 U.S.C. §1701u(Section 3). The purpose of Section
3 is to ensure that employment and other economic opportunities
generated by HUD assistance or HUD-assisted projects covered by
Section 3, shall,to the greatest extent feasible, be directed to low and very
low-income persons including persons who are recipients of HUD
assistance for housing, with preference for both targeted workers living in
the service area or neighborhood of the project(s) and YouthBuild
participants, as defined at 24 CFR Part 75 ("Section 3 Regulations").
B. The parties to this contract agree to comply with HUD's regulations in
Section 3 Regulations,which implement Section 3. As evidenced by their
execution of this contract,the parties certify that they are under no
contractual or other impediment that would prevent them from complying
with the Section 3 Regulations.
C. The contractor agrees to send to each labor organization or representative
of workers with which the contractor has a collective bargaining
agreement or other understanding, if any, a notice advising the labor
organization or workers' representative of the contractor's commitments
under this Section 3 clause, and will post copies of the notice in
conspicuous places at the work site where both employees and applicants
for training and employment positions can see the notice. The notice shall
describe the Section 3 preference, shall set forth minimum number and of
job titles subject to hire, availability of apprenticeship and training
positions, the qualifications for each; the name and location of the
person(s)taking applications for each of the positions; and the anticipated
date the work shall begin.
D. The contractor agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in Section 3 Regulations, and
agrees to take appropriate action, as provided in an applicable provision of
the subcontract or in this Section 3 clause,upon a finding that the
subcontractor is in violation of the regulations in Section 3 Regulations.
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The contractor will not subcontract with any subcontractor where the
contractor has notice or knowledge that the subcontractor has been found
in violation of the regulations in Section 3 Regulations.
E. The contractor will certify that any vacant employment positions,
including training positions,that are filled (1) after the contractor is
selected but before the contract is executed, and (2) with persons other
than those to whom the regulations of Section 3 Regulations require
employment opportunities to be directed, were not filled to circumvent the
contractor's obligations under Section 3 Regulations.
F. Noncompliance with HUD's regulations in Section 3 Regulations may
result in sanctions,termination of this Contract for default, and debarment
or suspension from future HUD assisted contracts.
6) CHANGES IN USE OF FUNDS
No change in use of the CDBG funds will be permitted by the City without prior
formal approval by the City, subject to the provisions of the City's adopted
Citizen Participation Plan. If the Subrecipient desires a change in the use of the
CDBG funds following approval of this MQU, a written request must be
submitted to the City for review by the Council.
7) NONDISCRIMINATION CLAUSE
The Subrecipient shall comply with all State and Federal laws regarding
nondiscrimination in the provision of services and the equal opportunity
employment of personnel.
8) SUSPENSION AND TERMINATION OF MOU
In accordance with Title 24, Sections 85.43 and 85.44 of the Code of Federal
Regulations,this MOU may be suspended or terminated if the Subrecipient fails
to comply with any term(s) of the award and/or the award is terminated for
convenience. Title 24, Sections $5.43 and $5.44 of the Code of Federal
Regulations are incorporated herein, by reference as provisions of the MOU.
9) REVERSION OF ASSETS
Upon expiration of this MOU,the Subrecipient shall transfer to the City any
CDBG funds on hand at the time of expiration and any accounts receivable
attributable to the use of CDBG funds. The Subrecipient shall be required to use
any real property under the Subrecipient's control that was acquired or improved
in whole or in part with CDBG funds in excess of$25,000 as follows:
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a) Used to meet one of the National Objectives in 24 CFR, Section
570.208 until five (5) years after expiration of this MOU; or,
b) Disposed of in a manner that result in the City being reimbursed
in the amount of the current fair market value of the property less
any portion of the value attributable to expenditure of non-CDBG
funds for acquisition or improvement to the property.
Reimbursement is not required after the period of time specified in
paragraph(a) of this section.
10) HOLD HARMLESS AND INDEMNITY AGREEMENT
The city, its elected and appointed officers, employees and agents shall not be
liable for any claims, liabilities, penalties, fines, or any damage to goods,
properties, or effects of any person whatsoever, nor for personal injuries or death
caused by, or claimed to have been caused by, or resulting from, any intentional
or negligent acts, errors or omission of Subrecipient or Subrecipient's agents,
employees, or representatives in completion of the project outlined in the MOU.
Subrecipient agrees to defend, indemnify and save free and harmless the city and
its elected and appointed officers, employees and agents against any of the
foregoing liabilities or claims of any kind and any cost/and expense that is
incurred by the City on account of any of the foregoing liabilities, including
liabilities or claims by reason of alleged defects in any plans and specifications
for the project or facility.
11) ASSIGNMENT OF MOU
The Subrecipient shall not assign this MOU or any monies due thereunder without
the prior written consent of the City.
12) SUCCESSORS OR ASSIGNS
Subject to the provisions of this MOU, "Hold Harmless and Indemnity
Agreement," all terms, conditions, and provisions hereof shall inure to and shall
bind each of the parties hereto, and each of their respective heirs, executors,
administrators, successors, and assigns.
13) INSURANCE
If the Subrecipient is approved through this MOU to hire a subcontractor to
provide the program or service utilizing CDBG funds, and if the cost of such
services is more than$5,000,the subcontractor shall obtain and maintain policies
of automobile insurance, general liability insurance and a combined policy of
worker's compensation and employers liability insurance from an insurance
company authorized to do business in the State of California which meets the
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requirements of the City in an insurable amount of not less than$1,000,000 each,
unless a lower amount is approved by the City Attorney.
This insurance shall be in force during the term of this MOU and shall not be
canceled without thirty(30) days prior written notice to the City sent by certified
mail.
The City shall be named as an additional insured on these policies. The
Subrecipient shall furnish certificates of insurance to the City before
commencement of work.
14) AUTHQRITY TO EXECUTE THI* MOU
The person or persons executing this MOU on behalf of Subrecipient warrants
and represents that he/she has the authority to execute this MOU on behalf of the
Subrecipient and has the authority to bind Subrecipient to the performance of its
obligations hereunder.
IN WITNESS WHEREOF,the parties hereto have caused this MOU to be
executed as of the day and year first written above.
CITY OF HUNTINGTON BEACH CITY OF HUNTINGTON BEACH
PUBLIC WORK DEPARTMENT COMMUNITY DEVELOPMENT
U\AAC2-
Chau Vu, ing Director of Public Works Ursula Luna-Reynosa, Director of Business
Development
Receive and File
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City Clerk •./�slz3
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ATTACHMENT 1
FY 2023-24
SCOPE OF SERVICES AND BUDGET
ADA CURB CUTS MAINTENANCE ZONE 1
A. SCOPE OF SERVICES
Outcome Statement:
Residents and visitors with disabilities utilize ADA ramps to access street intersections
when traveling on city sidewalks. CDBG funds (along with other City funds) will be
used to construct approximately 100 new curb ramps at various location within
Maintenance Zone 1, which has been evaluated for specific pavement and concrete
improvements, Maintenance Zone 1 is bounded by Yorktown to the north, Magnolia to
the east,Pacific Coast Highway to the south and Alabama to the west.
This project furthers Priority #6 in the City of Huntington Beach's adopted Housing and
Community Development Consolidated Plan (HUD 5-year plan), which is Priority
Infrastructure Improvements.
Principal Task:
Between July 1, 2023 and June 30, 2024, The Huntington Beach Public Works
Department will:
1. Provide improved access to the infrastructure to 2,505 disabled Huntington
Beach residents.
The Public Works Department will submit a quarterly Grantee Performance Report
(GPR) on these goals by the 15th of each month following the end of the quarter over the
duration of this agreement.
B. PROJECT FUNDING & COST ESTIMATES
With the submission of quarterly invoices together with proper support documentation,
for the services and authorized budget items described in Section A of this Attachment,
the Public Works Department will be reimbursed on a quarterly basis in accordance with
the following annual project budget:
Other: $127,498
Public Works Department Budget: $127,498
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