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HomeMy WebLinkAboutPublic Works Department - 2024-07-01 (2) CITY OF HUNTINGTON BEACH MEMORANDUM OF UNDERSTANDING (Program No. B-24-MCO6-0506 For Program Year 2024/2025 Community Development Block Grant(CDBG) (ADA Curb Cuts Maintenance Zone 2) THIS MEMORANDUM OF UNDERSTANDING (MOU) is entered into as of this 1st day of July, 2024 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 Department(Community Enhancement Division) 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,the Community Development Department 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, 2024. 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. 24-14727/346365 1 C. Compensation and Method of Payment: The City has allocated Federal CDBG funds in the amount of One Hundred Nine Thousand Three Hundred Eighty-Five Dollars ($109,385) for the Scope of Services 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, 2025. 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 2024 through September 2024 2nd Quarter—October 2024 through December 2024 3rd Quarter—January 2025 through March 2025 4th Quarter—April 2025 through June 2025 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; and 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 24-14727/346365 2 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 MQU 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, 2025. 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 570.502 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. 24-14727/346365 3 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 Youth Build 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. 24-14727/346365 4 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 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: 24-14727/346365 5 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 24-14727/346365 6 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. 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 DEPARTMENT 4/2,114 Chau Vu,Director of Public Works J if r Villasenor,Director of Community Development APPROVED 0 F•' e H17GATES CIT .TTORNEV CIT SF HUNTINGTON BEACH Receive and File 94vJ4u) Afki City Clerk 0.25 24-14727/346365 7 ATTACHMENT 1 SCOPE OF SERVICES AND BUDGET 24-14727/346365 8 ATTACHMENT 1 FY 2024-25 SCOPE OF SERVICES AND BUDGET ADA CURB CUTS MAINTENANCE ZONE 2 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 2, which has been evaluated for specific pavement and concrete improvements, Maintenance Zone 2 is bounded by Warner Ave. to the north, Beach Blvd. to the east, Ellis Ave. to the south and Springdale St. 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, 2024 and June 30, 2025, The Huntington Beach Public Works Department will: 1. Provide improved access to the infrastructure to 2,750 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: $109,385 Public Works Department Budget: $109,385 24-14727/346365 9