HomeMy WebLinkAboutCity of Huntington Beach - 2023-07-01 (7) CITY OF HUNTINGTON BEACH
MEMORANDUM OF UNDERSTANDING
(Program No. B-23-MC06-0506
For Program Year 2023/24
Community Development Block Grant(CDBG)
(Central Library Lower Level Restroom Renovations)
THIS MEMORANDUM OF UNDERSTANDING (MOU) is entered into as of this 1st
day of July, 2023, 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
Scope of Services and Budget 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 Three Hundred Thousand Dollars ($300,000) for the
Scope of Services, as outlined in the Scope of Services and Budget (Attachment
1), incorporated herein by reference. The Subrecipient shall furnish all labor,
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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 (1/4th)
1st Quarter—July 2023 through September 2023
2nd Quarter—October 2023 through December 2023
3rd Quarter—January 2024 through March 2024
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 570.208.
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 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
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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 5780.502 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.
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:
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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, particularly persons who are recipients of
HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR
Part 135, which implement Section 3. As evidenced by their execution of this
contract, the parties to this contract certify that they are under no contractual or
other impediment that would prevent them from complying with the part 135
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 of 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 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 24 CFR part 135, 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 regulation in
24 CFR, part 135. 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 24 CFR, part 135.
E. The subcontractor 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 24 CFR part 135 require employment opportunities to be directed,
were not filled to circumvent the contractor's obligations under 24 CFR,part 135.
F. Noncompliance with HUD's regulations in 24 CFR, part 135 may result in
sanctions, termination of this contract for default, and debarment or suspension
from future HUD assisted contracts.
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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 MOU, 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 85.43 and 85.44 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:
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
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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 MQU 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 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) AUTHORITY TO EXECUTE THIS 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.
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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 WORKS DEPARTMENT COMMUNITY DEVELOPMENT
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Chau , Acting Director of Public Wor s Ursula Luna-Reynosa, Director of Community
Development
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ATTACHMENT 1
SCOPE OF SERVICES AND BUDGET
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ATTACHMENT 1
FY 2023-24
SCOPE OF SERVICES AND BUDGET
CENTRAL LIBRARY RESTROOM IMPROVEMENTS
A. SCOPE OF SERVICES
Outcome Statement:
The Central Library was originally a 74,000 square foot building opened in 1975. The
facility expanded in 1994 with the construction of the 43,000 square foot Children's Wing,
theater and meeting rooms. The restrooms on the base floor appear to be original to the
1970's and do not meet current AFA accessibility standards. The Central Library is utilized
by hundreds of visitors each week. The Public Works Department proposes to design and
construct renovations to the basement floor Men's and Women's restrooms in the original
section of the Central Library. These renovations will be designed by a professional
architect to create ADA-compliant restrooms, thereby improving accessibility to the facility
for individuals with disabilities.
This project furthers Priority #5 in the City of Huntington Beach's adopted Housing and
Community Development Consolidated Plan (HUD 5-year plan), which is Priority Community
and Public Facilities.
Principal Task:
Between July 1, 2023 and June 30, 2024, The Huntington Beach Public Works Department
will:
1. Provide improved access to the Central Library restrooms to 24,225 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: $300,000
Public Works Department Budget: $300,000
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