HomeMy WebLinkAboutCC 3 COMMERCIAL REHAB 2-5-90DATE:
TO:
FEBRUARY 51 1990
WILLIAM A. HUSTON, C= MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
CONSENT CALENDAR NO. 3
2-5-90
Inter - Com
FROM: PROPOSED CONTRACTS WITH THE COUNTY OF ORANGE FOR
PROVISION OF COMMERCIAL REHABILITATION, REHABILITATION
SUBJECT: OF PRIVATE PROPERTIES, AND PUBLIC FACILITIES AND
IMPROVEMENTS - 15TH YEAR HOUSING AND COMMUNITY
DEVELOPMENT PROGRAM.
RECOMMENDATION
It is recommended that the City Council approve the attached
contracts as submitted.
BACKGROUND
Enclosed are the proposed contracts between the City of Tustin and
the County of Orange which implements the City's 15th Year Housing
and Community Development (HCD) Block Grant Application described
as follows:
° Commercial Rehabilitation (N15.6)
Commercial Rehabilitation (015.6)
° Rehabilitation of Private Properties (015.1)
Public Facilities and Improvements - Orange Street
Improvements (015.5)
On December 19, 1988 the City Council approved the City's 15th Year
HCD application which recommended HCD funds be allocated to:
Commercial Rehabilitation, Rehabilitation of private properties,
and Public Facilities and Improvements. The Orange County Board
of Supervisors approved the City's 15th Year HCD application on May
17, 1989 specific in the following dollar amounts:
$20,000 for Commercial Rehabilitation (N15.6)
° $20,000 for Commercial Rehabilitation (015.6)
° $50,000 for Rehabilitation of Private Properties (015.1)
$45,000 for Public Facilities and Improvements - Orange
Street Improvements
The Commercial Rehabilitation funds ($40,000) will be utilized for
low-interest loans, grants or rebates up to $2,000 each to
businesses in the Old Town/E1 Camino Real, First Street Specific
Plan area, and Newport Avenue starting at El Camino Real northerly
to First Street for minor exterior improvements, beautification and
seismic reinforcement.
City Council Report
Proposed Contracts
February 5, 1990
Page 2
The project will benefit low and moderate income residents of the
area which will be documented by the City prior to making a funding
commitment to each business.
The Rehabilitation of Private Properties funds ($50,000) will be
utilized to implement the City's Housing Rehabilitation Program
which will provide low interest loans, deferred payment loans,
grants or rebates for home improvement of privately owned
properties in the City's target area and spot housing
rehabilitation within the City's boundaries in accordance with the
County's Home Improvement Program.
The Public Facilities and Improvements funds ($45,000) will be
utilized to construct and install Phase I street improvements,
gutters, street lights and water mains in the Orange Street (High
School) area within the City's target area.
The City Attorney has reviewed the attached contracts and finds
them acceptable.
Beth Schoemann
Associate Planner
BS:CAS:kbc
Attachments: Contract No.s
Itc
Christine A. Shiqgleton
Director of Community Development
C40834
C40879
C40835
C40665
Community Development Department
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11 y,�gE�, COUNTY and CITY previously entered into a Cooperation Agreement,
dated December 8, 1987 in which both parties agreed to cooperate in the undertaking,
,or assist in the undertaking, of community development and housing assistance
COUNTY OF ORANGE
ENVIRONMENTAL MANAGEMENT AGENCY
HOUSING AND COMMUNITY DEVELOPMENT CONTRACT
TITLE OF PROJECT: Tustin: Commercial Rehabilitation (015.6)
MEMORANDUM OF CONTRACT entered into this
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BY AND BETWEEN
and
Contract C40835
day of
CITY OF TUSTIN, a municipal corporation,
hereinafter referred to as CITY,
COUNTY OF ORANGE, a political subdivision of the
State of California and recognized Urban County
under the Federal Housing and Community
Development Act of 1974 (Public Law 93-383), as
amended, hereinafter referred to as COUNTY.-
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lactivities, and
WHEREAS, the CITY has submitted to the COUNTY an application for funding
of a project hereinafter described, and
WHEREAS, the COUNTY has entered into a separate agreement dated
August 15, 1989 with the U.S. Department of Housing and Urban Development (hereinafter
referred to as HUD) to fund said project under the Housing and Community Development Act
of 1974 (Public Law 93-383) , as amended.
NOW, THEREFORE, IT IS AGREED by and between the parties that the following
provisions as well as all applicable Federal, State and County laws and regulations
including the attached SPECIAL PROVISIONS, identified as EXHIBIT "A", is part of this
Contract.
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apply:
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1. For the PURPOSES OF THIS CONTRACT the following definitions shall
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Contract C40835
a. Project Manager: The party responsible for, but whose responsibility is
not limited to the following: Contracting, monitoring and implementing the project
through completion.
b. Construction Bid Package: A package of bidding documents which includes
proposal, bidding instructions, contract documents, detailed estimated costs and plans
and specifications for a construction project, all prepared in accordance with
applicable Federal regulations.
c. Director: The Director of the Orange County Environmental Management
Agency (hereinafter referred to as EMA) or his designee.
d. Reimbursable Basis: The CITY will provide the funds for the project and
submit proof of payment to the COUNTY, whereby upon approval, the COUNTY will forward
Community Development Block Grant_. (hereinafter referred to as CDBG) funds to repay the
CITY.
2. It is understood that the CITY will act as PROJECT MANAGER for the project
described as: Commercial Rehabilitation (015.6). CITY will eligibly utilize CDBG funds
for low-interest loans, grants or rebates of up to $2,000.00 (Two Thousand Dollars and
no/100) each to businesses in the Old Town E1 Camino Real and First Street Specific Plan
areas, and Newport Avenue starting at E1 Camino Real northerly to 1st Street for minor
exterior improvements and beautification (see attached map, EXHIBIT "B", which is part
of this Contract). The project will benefit low- and moderate -income residents of the
area which will be documented by the CITY prior to making a funding commitment to each
business.
3. It is agreed by all parties that the project shall be completed and all
24 funds provided through this Contract shall be expended on eligible project activities
rior to December 31, 1990. Invoices for all approved project costs funded by the Block
26 Grant under this Contract shall be submitted within 180 days after the above date. The
27 date forro ect completion and
p j p expenditure of all funds may be extended at the
28 discretion of the DIRECTOR, on a year -by -year basis u to a maximum
Y Y -Y P period of five (5)
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Contract C40835
total years, through written notification to the CITY. In the event of such an
extension, the deadline for submittal of invoices shall be 180 days after the new
completion date.
4. CITY agrees:
a. Any proposed amendment to this Contract shall be submitted to and
approved by the COUNTY, prior to commencement by CITY of any activity covered by said
amendment.
b. To submit any and all third -party contracts proposed for funding through
this Contract to DIRECTOR for review and approval prior to award of such contracts by
CITY.
C. To be responsible for design and inspection, including funding the costs
related to those activities, unless funding for design and inspection activities is
,provided for in Section 5.a. of this Contract.
d. To submit the Construction Bid Package for this project to DIRECTOR for
review prior to advertising for bids on the construction contract or prior to award of '
such a contract if an alternative method of award is used. CITY shall not advertise for
I bids until DIRECTOR has approved Construction Bid Package. CITY shall construct project
in accordance with the Construction Bid Package which DIRECTOR approved unless prior
written approval is received from DIRECTOR for modification therefrom.
e. To comply with CDBG Program Regulations, as may be periodically revised
by HUD, Office of Management and Budget, or other Federal agencies, and including laws
and policies applicable to the CDBG Program.
f. That the project shall be implemented and appropriately maintained for
itCommunity Development purposes as defined by applicable HUD provisions to ensure maximum
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easible benefit and utilization of the project by low- and moderate -income persons.
26 g. To maintain accounting records, official files, and other evidence
27 pertaining to costs incurred as required by all applicable HUD regulations, and all of
28 these shall be accessible for the purposes of monitoring, audits, reporting and
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1`4Supervisors may require the CITY _to reimburse COUNTY any funds that it determines to be
improperly expended or not expended on the project in a timely manner based on
Contract C40835
examinations by duly authorized representatives of COUNTY or HUD. These records shall
be kept available at CITY's office during the project's contract period and thereafter
for three (3) years from the date of final CITY receipt of HUD CDBG funds through this
(Contract.
h. That DIRECTOR shall periodically evaluate the CITY's progress in
complying with the terms of this Contract. CITY shall cooperate fully during such
monitorings. DIRECTOR shall report the findings of each monitoring to the CITY and
Orange County Board of Supervisors. If it is determined by the Board of Supervisors
that CITY performance or progress on performance is unsatisfactory, the Board of
Supervisors may withhold further funding on the project pending resolution of the
unsatisfactory condition(s), or may terminate this Contract. In addition, the Board of
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Japplicable CDBG Program Regulations.
i. That if it is determined by HUD that funds were not expended in
compliance with the applicable Federal laws and regulations, CITY will refund to COUNTY
within ninety 90 days thereafter such sums as were determined by HUD to have been
improperly expended.
j. When the project is completed, all unexpended funds remaining will be
returned to the COUNTY as soon as practicable, but in any event, within 180 days
thereafter. DIRECTOR may then reallocate returned funds to another Urban County
project (s) previously approved by the Board of Supervisors. Returned funds as such, may
be allocated by the DIRECTOR up to the lesser amount of ten percent (10%) of total
Contract funds provided herein Section 5.a. or Ten Thousand Dollars ($10,000.00).
k. Should the COUNTY receive returned funds from other Urban County
projects, funding for this Contract, upon proof of anticipated cost overruns, may be
increased at the discretion and upon written authorization of the DIRECTOR up to the
lesser amount of ten percent (10%) of total Contract funds provided herein Section 5.a.
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Contract C40835
1 or Ten Thousand Dollars ($10,000.00).
2 1. To assume responsibility for compliance with the California
3 Environmental Quality Act (CEQA) and to provide COUNTY with necessary information to
4 comply with the National Environmental Policy Act (NEPA) prior to commencing project
5 implementation. This may include, when applicable, CITY preparation of NEPA
6 documentation in coordination with County staff.
7 5. Project Funding:
8 a. Project will be financed under this Contract as follows:
9 Loans, Grants or Rebates $20,000.00 (Twenty Thousand Dollars and
10 no/100).
11 Total CDBG Funds $20,000.00 (Twenty Thousand Dollars and
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'10/100).
b. COUNTY shall not be responsible for any costs which exceed the approved
CDBG funding amount as referenced in Section 5.a. unless otherwise provided in advance
as referenced in Section 4.k.
c. Payment by the COUNTY to the CITY shall be on a reimbursable basis
unless CITY has been authorized and issued cash advances by COUNTY under this Contract.
d. Cash advances requested by the CITY under this Contract shall be made by
the COUNTY to the CITY if the following conditions are met:
(1) The CITY has demonstrated to DIRECTOR through certification in a
form prescribed by DIRECTOR and subsequently through performance, its willingness and
capacity to establish CITY financial procedures that will minimize the time elapsing
between the receipt
of funds and proper
disbursement
of such funds.
(2)
The CITY certifies
to DIRECTOR,
that the CITY's financial
anagement system meets the standards for fund control and accountability prescribed in ►
Office of Management and Budget Circular No. A-102, as amended from time to time.
(3) The CITY complies with the cash advance procedures required by
financial procedures of EMA. These procedures require that upon written receipt of
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10 any applicable statutes, rules or regulations of HUD, including Office of Management and
11 Budget Circular No. A-102, the latter shall prevail.
6. CITY must inform the DIRECTOR (through periodic reports requested by EMA
staff) of any income generated by the expenditure of CDBG funds received by the CITY;
and that per applicable Federal requirements, certain program income must be paid to the
COUNTY (e.g., interest earned on CDBG cash advances); and/or, the CITY may retain such
program income only if that program income is used exclusively for eligible activities, I
Contract C40835
I funds from the COUNTY, the CITY shall disburse payment(s) to vendor(s) within five ( 5)
working days and submit evidence of such disbursement(s) (i.e., warrant copies, etc.) to
the COUNTY.
If the CITY is subsequently found, by DIRECTOR, to be in noncompliance
with Section 5.d. (1) through Section 5.d. (3) , CITY shall be paid on a
reimbursable basis.
e. Reimbursable basis payments, as referred to in Section 5.c. above,
and/or cash advances described in Section 5.d. above, shall be made in accordance with
EMA financial procedures. In the event of conflict between EMA financial procedures and
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at the discretion of the DIRECTOR, and in accordance with all CDBG requirements as may
then apply.
a. CITY shall keep and maintain appropriate records on the use of any such
program income as may be required by EMA staff since the COUNTY has the responsibility
of monitoring and reporting program income to HUD.
b. In the event of CITY close-out or change in status of the participating
CITY in the Urban County CDBG Program, any program income at that time or received*
subsequent to the close-out or change in status shall be paid by CITY to the COUNTY
rithin 90 days thereafter.
7. Any proposed modification or change in use of real property acquired or
improved in whole or in part by CDBG funds from that planned at the time of the
acquisition or improvement, including disposition, must b,-� reported by CITY to the
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Contract C40835
1 COUNTY and receive COUNTY concurrence thereto in advance of implementing the
modification or change in use.
a. Should the disposition, sale or transfer of such real property acquired
or improved in whole or in part using CDBG funds result in a use which does not qualify
under CDBG Regulations, the COUNTY shall be reimbursed by CITY in an amount equal to the
current fair market value (less any portion thereof attributable to expenditures of non-
CDBG funds) .
b. Any program income generated from the disposition, transfer or sale of
such property prior'to or subsequent to the CITY close-out or change in status of the
CITY in the Urban County CDBG Program may be either used by CITY for other specific
eligible activities in the CITY or paid to the COUNTY for other eligible Urban County
activities, as determined in advance of the expenditure at the discretion of the COUNTY.
8. CITY shall obtain an annual audit performed in accordance with OMB Circular
I A128 and forward a copy to DIRECTOR. DIRECTOR shall have the right to ensure that
inecessary corrective actions are made by the CITY for any audit findings pertinent to
ICITY handling of funding attributable to the CDBG Program per Federal requirements.
9. 'Neither COUNTY nor any officer nor employee thereof shall be responsible for
any damage or liability occurring by reason of any action or omission of CITY or its
agents, associates, contractors, subcontractors, materialmen, laborers, or any other
persons, firms, or corporations furnishing or supplying work service, materials, or
supplies in connection with CITY's performance of this Contract and from any and all
claims and losses accruing or resulting to any persons, firm or corporation for personal)
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injuries or property damage resulting from or as a consequence of, CITY's performance of
this Contract under or in connection with any work, authority or jurisdiction delegated
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•.o CITY under this Contract. It is also understood and agreed that. pursuant to
26 California Government Code Section 895.4, CITY shall fully indemnify, defend and hold
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COUNTY harmless from any liability imposed for injury (as defined by California
28 Government Code Section 810.8) occurring by reason of any action or omission of CITY
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Contract C40835
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1 under or in connection with any work, authority or jurisdiction delegated to CITY under
2 this Contract. CITY shall act in an independent capacity and not as officers, employees
3 or agents of COUNTY.
4 10. Neither CITY nor any officer nor employee thereof shall be responsible for
5 any damage or liability occurring by reason of any action or omission of COUNTY, its
6 agents, associates, contractors, subcontractors, materialmen, laborers, or any other
7 persons, firms, or corporations furnishing or supplying work, service, materials, or
8 supplies in connection with COUNTY's performance of this Contract and from any and all
9 claims and losses accruing or resulting to any persons, firm or corporation for personal
10 injuries or property damage resulting from or as a consequence of COUNTY's performance
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of this Contract under or in connection with any work, authority or jurisdiction
12 delegated to COUNTY under this Contract. It is also understood and agreed that,
ill pursuant to California Government Code Section 895.4, COUNTY shall fully indemnify,
14 defend and hold CITY harmless from any liability imposed for injury (as defined by
15 California Government Code Section 810.8) occurring by reason of any action or omission
16 of COUNTY under or in connection with any work, authority or jurisdiction delegated to
17 COUNTY under this Contract. COUNTY shall act in an independent capacity and not as
18 officers, employees or agents of CITY.
19 11. Where contract funds are withheld, and at the request and expense of CITY,
20 COUNTY will accept securities equivalent to the amount withheld. Such substituted
21 security, meeting the requirements of Government Code Section 4590, shall be deposited
22 with COUNTY, or with a State or Federally chartered bank as escrow agent. If security
23 is deposited with an escrow agent, it shall be covered by an escrow agreement.
24 12. In the event of CITY's failure to comply with the provisions of this
25 -"ontract, COUNTY may withhold or require CITY reimbursement of funds, and/or terminate
26 this Contract, and/or allocate funds
/ previously assigned to this Contract to another
27 eligible project(s) within the Urban County.
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Contract C408351
IN WITNESS WHEREOF, CITY has caused this Contract to be executed by its Mayor
and attested by its Clerk; COUNTY has caused this Contract to be executed by the
Chairman of the Board of Supervisors and certified by Clerk of the Board, all having
been duly authorized by the City Council of CITY and the Orange County Board of
Supervisors.
Dated:
ATTEST:
City Clerk
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15 Dated:
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SIGNED AND CERTIFIED THAT A COPY OF
18 THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
19
20 LINDA D. RUTH
Clerk of the Board of Supervisors
21 of Orange County, California
22 APPROVED AS ,TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
23 ORANGE COUNTY, CALIFORNIA
24 By
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FW: bjgWP8-4 (C40835)
27 11/27/89
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CITY OF TUSTIN
By
Mayor
COUNTY OF ORANGE, a political subdivision of
the State of California
By
Chairman of the Board of Supervisors
COUNTY
ATTACHMENT
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Commercial Rehabilitation Project Area
First: Street, Newport Avenue
e
and E1 Camino Real Cold town)
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COUNTY OF ORANGE
ENVIRONMENTAL MANAGEMENT AGENCY
HOUSING AND COMMUNITY DEVELOPMENT CONTRACT
TITLE OF PROJECT: Tustin: Commercial Rehabilitation (N15.6)
19
MEMORANDUM OF CONTRACT entered into this
BY AND BETWEEN
and
Contract No. C40665
day of
CITY OF TUSTIN, a municipal corporation,
hereinafter referred to as CITY,
COUNTY OF ORANGE, a political subdivision of the
State of California and recognized Urban County
under the Federal Housing and Community
Development Act of 1974 (Public Law 93-383) , as
amended, hereinafter referred to as COUNTY.
WHEREAS, COUNTY and CITY previou$ly entered into a Cooperation Agreement,
dated December 8, 1987 in which both parties agreed to cooperate in the undertaking,
1` or assist in the undertaking, of community development and housing assistance
14 activities, and
15 WHEREAS, the CITY has submitted to the COUNTY an application for funding
16 of a project hereinafter described, and
17 WHEREAS, the COUNTY has entered into a separate agreement dated
18 July 12, 1988 with the U.S. Department of Housing and Urban Development (hereinafter
19 referred to as HUD) to fund said project under the Housing and Community Development Act
20 of 1974 (Public Law 93-383), as amended.
21 NOW, THEREFORE,__IT IS AGREED b and between the
y parties that the following
22 provisions as well as all applicable Federal, State and County laws and regulations
23 including the attached SPECIAL PROVISIONS, identified as EXHIBIT "A", is part of this
24 Contract.
25 I
1. For the PURPOSES OF THIS CONTRACT the following definitions shall
2b '
apply:
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Contract No. C40665
a. Project Manager: The party responsible for, but whose responsibility is
not limited to the following: Contracting, monitoring and implementing the project
through completion.
b. Construction Bid Package: A package of bidding documents which includes
proposal, bidding instructions, contract documents, detailed estimated costs and plans
land specifications for a construction project, all prepared in accordance with
I applicable Federal regulations.
c. Director: The Director of the Orange County Environmental Management
J Agency (hereinafter referred to as EMA) or his designee.
d. Reimbursable Basis: The CITY will provide the funds for the project and
submit proof of payment to the COUNTY, whereby upon approval, the COUNTY will forward
Community Development Block Grant -,.(hereinafter referred to as CDBG) funds to repay the
CITY .
2. It is understood that the CITY will act as PROJECT MANAGER for the project
11 described as: Commercial Rehabilitation (N15.6) . CITY will eligibly utilize CDBG fundE
for low-interest loans, grants or rebates of up to $2,000.00 (Two Thousand Dollars and
no/100) each to businesses in the E1 Camino Real and First Street Specific Plan areas,
and*Newport Avenue starting at E1 Camino Real northerly to lst Street for minor exterior
improvements and beautification (see attached map, EXHIBIT "B",, which is part of this
Contract). The project will benefit low- and moderate -income residents of the area
21 which will be documented by the CITY prior to making a funding commitment to each
22 business.
23 3. It is agreed by all parties that the project shall be completed and all
24 funds provided through .this Contract shall be expended on eligible project activities
25 rior to December 31, 1990. Invoices for all approved project costs funded by the Block
26 Grant under this Contract shall be submitted within 180 days after the above date. The
27 date for project completion and expenditure of all funds may be extended at the
28 discretion of the DIRECTOR, on a year -by -year basis up to a maximum period of five (5)
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Contract No. C40665
total years, through written notification to the CITY. In the event of such an
extension, the deadline for submittal of invoices shall be 180 days after the new
completion date.
4. CITY agrees:
a. Any proposed amendment to this Contract shall be submitted to and
approved by the COUNTY, prior to commencement by CITY of any activity covered by said
amendment.
b. To submit any and all third -party contracts proposed for funding through
this Contract to DIRECTOR for review and approval prior to award of such contracts by
CITY.
11 C. To be responsible for design and inspection, including funding the costs
1 related to those activities, unless funding for design and inspection activities is
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provided for in Section 5.a. of this Contract.
d. To submit the Construction Bid Package for this project to DIRECTOR for
review prior to advertising for bids on the construction contract or prior to award of
such a contract if an alternative method of award is used. CITY shall not advertise for
17 bids until DIRECTOR has approved Construction Bid Package. CITY shall construct project
18 in accordance with the Construction Bid Package which DIRECTOR approved unless prior
19 written approval is received from DIRECTOR for modification therefrom.
20 e. To comply with CDBG Program Regulations, as may be periodically revised
21 by HUD, Office of Management and Budget, or other Federal agencies, and including laws
22 and policies applicable 'to the CDBG Program.
23 f. That the project shall be implemented and appropriately maintained for i
24 Community Development purposes as defined by applicable HUDrovisions to ensure e maximum
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'easible benefit and utilization of the project by low- and moderate -income persons.
26 g. To maintain accounting records, official files, and other evidence
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pertaining to costs incurred as required by all applicable HUD regulations, and all of
28 these shall be accessible for theur oses of monitoring, audits re
P P g porting and i
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Supervisors may require the CITY_to reimburse COUNTY any funds that it determines to be
1� improperly expended or not expended on the project in a timely manner based on
14 applicable CDBG Program Regulations.
15 i. That if it is determined by HUD that funds were not expended in
16 compliance with the applicable Federal laws and regulations, CITY will refund to COUNTY
17 within ninety 90 days thereafter such sums as were determined by HUD to have been
18 improperly expended.
19 j. When the project is completed, all unexpended funds remaining will be
20 returned to the COUNTY as soon as practicable, but in any event, within 180 days
21 thereafter. DIRECTOR may then reallocate returned funds to another Urban County
22 project (s) previously approved by the Board of Supervisors. Returned funds as such, may
23 be allocated by the DIRECTOR up to the lesser amount of ten percent (10%) of total
24 Contract funds provided herein Section 5.a. or Ten Thousand Dollars
($10,000.0o).
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k. Should the COUNTY receive returned funds from other Urban County
26 projects, funding for this Contract, upon proof of anticipated cost overruns, may be
27 increased at the discretion and upon written authorization of the DIRECTOR up to the
28 lesser amount of ten percent (10%) of total Contract funds provided herein Section 5.a.
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Contract No. C40665
Iexaminations by duly authorized representatives of COUNTY or HUD. These records shall
I be kept available at CITY' s office during the project's contract period and thereafter
for three (3) years from the date of final CITY receipt of HUD CDBG funds through this
Contract.
h. That DIRECTOR shall periodically evaluate the CITY's progress in
complying with the terms of this Contract. CITY shall cooperate fully during such
monitorings. DIRECTOR shall report the findings of each monitoring to the CITY and
Orange County Board of Supervisors. If it is determined by the Board of Supervisors
that CITY performance or progress on performance is unsatisfactory, the Board of
Supervisors may withhold further funding on the project pending resolution of the
unsatisfactory condition(s), or may terminate this Contract. In addition, the Board of
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Contract No. C40665
or Ten Thousand Dollars ($10,,000.00).
1. To assume responsibility for compliance with the California
Environmental Quality Act (CEQA) and to provide COUNTY with necessary information to
comply with the National Environmental Policy Act (NEPA) prior to commencing project
implementation. This may include, when applicable, CITY preparation of NEPA
documentation in coordination with County staff.
5. Project Funding:
a. Project will be financed under this Contract as follows:
Loans,, Grants or Rebates
no/100) .
Total CDBG Funds
no/100) .
$20,000.00 (Twenty Thousand Dollars and
$20,000.00 (Twenty Thousand Dollars and
b. COUNTY shall not be responsible for any costs which exceed the approved
CDBG funding amount as referenced in Section 5.a. unless otherwise provided in advance
las referenced in Section 4.k.
c. Payment by the COUNTY to the CITY shall be on a reimbursable basis
unless CITY has been authorized and issued cash advances by COUNTY under this Contract.
d. Cash advances requested by the CITY under this Contract shall be made by
the COUNTY to the CITY if the following conditions are met:
(1) The CITY has demonstrated to DIRECTOR through certification in a
form prescribed by DIRECTOR and subsequently through performance, its willingness and
capacity to establish CITY financial procedures that will minimize the time elapsing
between the receipt of funds and proper disbursement of such funds.
(2) The CITY certifies to DIRECTOR, that the CITY's financial
management system meets the standards for fund control and accountability prescribed in
2t Office of Management and Budget Circular No. A-102, as amended from time to time.
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(3) The CITY complies with the cash advance procedures required by
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financial procedures of EMA. These procedures require that upon written receipt of
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1?" 6. CITY must inform the DIRECTOR (through periodic reports requested by EMA
staff) of any income generated by the expenditure of CDBG funds received by the CITY;
and that per applicable Federal requirements, certain program income must be paid to the
COUNTY (e.g., interest earned on CDBG cash advances); and/or, the CITY may retain such
program income only.if.that program income is used exclusively for eligible activities,
at the discretion of the DIRECTOR, and in accordance with all CDBG requirements as may
Contract No. C40665
f unds from the COUNTY, the CITY shall disburse payment(s) to vendor(s) within five ( 5)
working days and submit evidence of such disbursement (s) (i.e., warrant copies, etc.) to
Ithe COUNTY.
If the CITY is subsequently found, by DIRECTOR, to be in noncompliance
with Section 5.d . (1) through Section 5.d . (3) , CITY shall be paid on a
reimbursable basis.
e. Reimbursable basis payments, as referred to in Section 5.c. above,
and/or cash advances described in Section 5.d. above, shall be made in accordance with
EMA financial procedures. In the event of conflict between EMA financial procedures and
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a. CITY shall keep and maintain appropriate records on the use of any such
program income as may be required by EMA staff since the COUNTY has the responsibility
of monitoring and reporting program income to HUD.
b. In the event of CITY close-out or change in status of the participating
CITY in the Urban County CDBG Program, any program income at that time or received
24subsequent to the close-out or change in status shall be paid by CITY to the COUNTY
25 •i thi n 90 days thereafter.
26 7. Any proposed modification or change in use of real property acquired or
27 improved in whole or in part by CDBG funds from that planned at the time of the
28 acquisition or improvement, including disposition, must be reported by CITY to the
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Contract No. C40665
(COUNTY and receive COUNTY concurrence thereto in advance of implementing the
modification or change in use.
a. Should the disposition, sale or transfer of such real property acquired
or improved in whole or in part using CDBG funds result in a use which does not qualify
funder CDBG Regulations, the COUNTY shall be reimbursed by CITY in an amount equal to the
current fair market value (less any portion thereof attributable to expenditures of non-
CDBG funds) .
b. Any program income generated from the disposition, transfer or sale of
such property prior to or subsequent to the CITY close-out or change in status of the
CITY in the Urban County CDBG Program may be either used by CITY for other specific
eligible activities in the CITY or paid to the COUNTY for other eligible Urban County
activities, as determined in advance of the expenditure at the discretion of the COUNTY.
8.. CITY shall obtain an annual audit performed in accordance with OMB Circular
A128 and forward a copy to DIRECTOR. DIRECTOR shall have the right to ensure that
necessary corrective actions are made by the CITY for any audit findings pertinent to
CITY handling of funding attributable to the CDBG Program per Federal requirements.
9. Neither COUN'T'Y nor any officer nor employee thereof shall be responsible for
any damage or liability occurring by reason of any action or omission of CITY or its
agents, associates, contractors, subcontractors, materialmen, laborers, or any other
persons, firms, or corporations furnishing or supplying work service, materials, or
supplies in connection with CITY's performance of this Contract and from any and all
claims and losses accruing or resulting to any persons, firm or corporation for personal
injuries or property damage resulting from or as a consequence of, CITY's performance of
this Contract under or in connection with any work, authority or jurisdiction delegated
`.o CITY under this Contract. It is also understood and agreed that, pursuant to
2b California Government Code Section 895.4, CITY shall fully indemnify, defend and hold
27 COUNTY harmless from any liability imposed for injury (as defined by California
28 Government Code Section 810.8) occurring by reason of any action or omission of CITY
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Contract No. C40665
under or in connection with any work, authority or jurisdiction delegated to CITY under
this Contract. CITY shall act in an independent capacity and not as officers, employees
or agents of COUNTY.
10. Neither CITY nor any officer nor employee thereof shall be responsible for
any damage or liability occurring by reason of any action or omission of COUNTY, its
agents, associates, contractors, subcontractors, materialmen, laborers, or any other
persons, firms, or corporations furnishing or supplying work, service, materials, or
supplies in connection with COUNTY's performance of this Contract and from any and all
claims and losses accruing or resulting to any persons, firm or corporation for personal
injuries or property damage resulting from or as a consequence of COUNTY's performance
of this Contract under or in connection wlith any work, authority or jurisdiction I
U delegated to COUNTY under this Contract. It is also understood and agreed that,
pursuant to California Government Code Section 895.4, COUNTY shall fully indemnify,
defend and hold CITY harmless from any liability imposed for injury (as defined by
California Government Code Section 810.8) occurring by reason of any action or omission
of COUNTY under or in connection with any work, authority or jurisdiction delegated to
COUNTY under this Contract. COUNTY shall act in an independent capacity and not as
l officers, employees or agents of CITY.
11. Where contract funds are withheld, and at the request and expense of CITY,
COUNTY will accept securities equivalent to the amount withheld. Such substituted
security, meeting the requirements of Government Code Section 4590, shall be deposited
with COUNTY, or with a State or Federally chartered bank as escrow agent. If security
is deposited with an escrow agent, it shall be covered by an escrow agreement.
12. In the event of CITY's failure to comply with the provisions of this
.ontract, COUNTY may withhold or require CITY reimbursement of funds, and/or terminate
this Contract, and/or allocate funds previously assigned to this Contract to another
eligible project(s) within the Urban County.
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22 APPROVED AS TO FORM:
23 ADRIAN RUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
24 ByA�'t-
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/CD f' �--
Contract No. C40665
IN WITNESS WHEREOF, CITY has caused this Contract to be executed by its Mayor
and attested by its -Clerk; COUNTY has caused this Contract to be executed by the
Chairman of the Board of Supervisors and certified by Clerk of the Board, all having
been duly authorized by the City Council of CITY and the Orange County Board of
Supervisors.
Dated:
ATTEST: '
City Clerk
I Dated:
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE -BOARD.
LINDA D. RUTH
Clerk of the Board of Supervisors
of Orange County, California
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FW:bjgWP8-4 (C40665)
11/27/89
CITY OF TUSTIN
By
Mayor
COUNTY OF ORANGE, a political subdivi;
the State of California
By
Chairman of the Board of Supervisors
COUNTY
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• �C 0mmerc al Rehabilitation Project •r;.e
� ct Area
. First: Street Newport Avenue
and E1 Camino Real Cold town)
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Contract No. C40879
II COUNTY OF ORANGE
ENVIRONMENTAL MANAGEMENT AGENCY
HOUSING AND COMMUNITY DEVELOPMENT CONTRACT
TITLE OF PROJECT: Tustin: Rehabilitation of Private Properties (015.1)
MEMORANDUM OF CONTRACT entered into this day of ,
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BY AND BETWEEN
and
CITY OF TUSTIN, a municipal corporation,
hereinafter referred to as CITY.
COUNTY OF ORANGE, a political subdivision of the
State of California and recognized Urban County
under the Federal Housing and Community
Development Act of 1974 (Public Law 93-383) , as
amended, hereinafter referred to as COUNTY.
IWHEREAS, COUNTY and CITY previously entered into a Cooperation Agreement,
dated December 8, 1987 in which both parties agreed to cooperate in the undertaking, or
assist in the undertaking, of community development and housing assistance activities,
and
WHEREAS, the CITY has submitted to the'COUNTY an application for funding of
a project hereinafter described, and
WHEREAS, the COUNTY has entered into a separate agreement dated August 15, 1989"
with the U.S. Department of Housing and Urban Development (hereinafter designated as
HUD) to fund said project under the Housing and Community -Development Act of 1974
(Public Law 93-383) , as amended (hereinafter referred to as ACT) .
WHEREAS, the COUNTY has established a Home Improvement Program and has
entered into individual agreements to administer said program with HUD, California
State Department of Housing and Community Development and a local lending
institution (s) , and
26 WHEREAS, the CITY has requested COUNTY to implement the CITY's housing and
27 Community Development Project entitled Housing Rehabilitation and funded from Block
28 Grant funds ($50,000.00) for (015.1) .
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11 Contract) as approved and amended from time to time by the Board of Supervisors. All
rehabilitation of single family residential units will benefit low- and moderate -income
Il families and rehabilitation of multi -family residential units will principally benefit
Contract No. C40879
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties that the
following provisions listed as well as all applicable Federal, State and County laws
and regulations including the attached SPECIAL PROVISIONS, identified as Exhibit "A",
and Exhibits "B" and "C", are part of this Contract.
1. The COUNTY will administer CITY Community Development Block Grant
Rehabilitation funds to implement the Housing Rehabilitation Project described herein as
project, which will provide low-interest loans, deferred payment loans, grants or
rebates for home improvement of privately owned properties in the CITY's target area and
spot housing rehabilitation within the CITY's boundaries (see attached map, Exhibit
"B"), in accordance with the COUNTY's Home Improvement Program (see Exhibit "C" of this
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(minimally 51%) low- and moderate -income families.
2. The total project funds available for loans, grants and rebates and
administrative costs hereinafter provided for in Section 5 of this Contract will not
exceed Fifty Thousand Dollars and no/100 ($50,000.00).
3. The CITY agrees to advertise the program and to provide outreach efforts to
prospective clients on an ongoing basis to promote loans, grants and rebates from
available project funds. It is agreed by all parties that the project shall be
completed and all funds provided through this Contract shall be expended on eligible
project activities prior to December 31, 1990. The date for project completion and
expenditure of all funds may be extended by the Director of the Orange County
Environmental Management Agency or his designee through written notification to the
4. The CITY agrees to provide appropriate office space to the COUNTY, as needed
for the project,
including use
of a desk
and
a telephone.
5. The
CITY agrees to
pay up to
20%
administrative charges from project funds
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Contract No. C40879
identified in Section 2 of this Contract. When the project is completed, any remaining
unexpended administrative funds, not to exceed 20% of the total project funding amount,
will be allocated to the Countywide Rehabilitation Administration account.
6. Whenever available and feasible, funds may also be used to administer
the CITY's HUD 312 Program. Other funding sources once approved by the Board of
Supervisors for the Home Improvement Program may be added to this agreement by mutual
consent of the Director of COUNTY'S Environmental Management Agency and the CITY.
7. All program income pursuant to 24 CFR 570.506(c) which may be derived
from funding through this contract will be allocated to and will be used to further
the Countywide Rehabilitation Program.
8. Neither COUNTY nor any officer nor employee thereof shall be responsible
`or any damage or liability occurring by reason of any action or omission of CITY or
its agents, associates, contractors, subcontractors, materialmen, laborers, or any
other persons, firms, or corporations furnishing or supplying work service,
materials, or supplies in connection with CITY's performance of this Contract and
from any and all claims and losses accruing or resulting to any persons, firm or
corporation for personal injuries or property damage resulting from or as a
consequence of, CITY's performance of this Contract under or in connection with any
work, authority or jurisdiction delegated to CITY under this Contract. It is also
understood and agreed that, pursuant to California Government Code Section 895.4,
CITY shall fully indemnify, defend and hold COUNTY harmless from any liability
imposed for injury (as defined by California Government Code Section 810.8)
occurring by reason of any action or omission of CITY under or in connection with
any work, authority or jurisdiction delegated to CITY under this Contract. CITY
gall act in an independent capacity and not as officers, employees or agents of
COUNTY.
9. Neither CITY nor any officer nor employee thereof shall be responsible
for any damage or liability occurring by reason of any action or omission of COUNTY,
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Contract No. C40879
1 its agents, associates, contractors, subcontractors, materialmen, laborers, or any
2 other persons, firms, or corporations furnishing or supplying work, service,
3 materials, or supplies in connection with COUNTY's performance of this Contract and
4 from any and all claims and losses accruing or resulting to any persons, firm or
5 corporation for personal injuries or property damage resulting from or as a consequence
6 of COUNTY's performance of this Contract, under or in connection with any work,
7 authority or jurisdiction delegated to COUNTY under this Contract. It is also
8 understood and agreed that, pursuant to California Government Code Section 895.4, COUNTY
9 shall fully indemnify, defend and hold CITY harmless from any liability imposed for
10 injury (as defined by California Government Code Section 810.8),F occurring by reason of
11 any action or omission of COUNTY under or, in connection with any work, authority or
jurisdiction delegated to COUNTY under this Contract. COUNTY shall act in an
13 independent capacity and not as officers, employees or agents of CITY.
14 10. In the event of CITY's failure to comply with the provisions of this
15 Contract, COUNTY may withhold funds and/or terminate this Contract and allocate
16 funds previously assigned to this Contract to another eligible project(s) within the
17 Urban County.
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Contract No. C40879
IN WITNESS WHEREOF, CITY has caused this Contract to be executed by its Mayor
and attested by its Clerk; COUNTY has caused this Contract to be executed by the
Chairman of the Board of Supervisors and certified by Clerk of the Board, all having
(been duly authorized by the City Council sof CITY and the Orange County Board of
Supervisors.
Dated:
I Dated:
City Clerk
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SIGNED AND CERTIFIED THAT A COPY OF
18 THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
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LINDA D. RUTH
21 Clerk of the Board of Supervisors
22 of Orange County, California
23 APPROVED AS TO FORM:
ADRIAN RUYPER, COUNTY COUNSEL
24 ORANGE COUNTY, CALIFORNIA
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26 711 `^�
JMH:bjgWP8-5 (C40879)
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11/09/89
CITY OF TUSTIN
By
Mayor
COUNTY OF ORANGE, a political subdivision
of the State of California
By
Chairman of the Board of Supervisors
COUNTY
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CDBG TARGET AREAS
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Contract No. C40834
COUNTY OF ORANGE
ENVIRONMENTAL MANAGEMENT AGENCY
HOUSING AND COMMUNITY DEVELOPMENT CONTRACT I
1 TITLE OF PROJECT: Tustin: Public Facilities and Improvements - Orange Street
Improvements (015.5)
2 MEMORANDUM OF CONTRACT entered into this day of ,
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4 BY AND BETWEEN
5 CITY OF TUSTIN, a municipal corporation,
6 hereinafter referred to as CITY,
7 and
8 COUNTY OF ORANGE, a political subdivision of the
State of California and recognized Urban County
9 under the Federal Housing and Community
Development Act of 1974 (Public Law 93-383) , as
10 amended, hereinafter referred to as COUNTY. i
11 AREAS, COUNTY and CITY previou$ly entered into a Cooperation Agreement,
dated December 8, 1987 in which both parties agreed to cooperate in the undertaking,
ill
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11 or assist in the undertaking, of community development and housing assistance
l activities , and
WHEREAS, the CITY has submitted to the COUNTY an application for funding
of a project hereinafter described, and
WHEREAS, the COUNTY has entered into a separate agreement dated
August 15, 1989 with the U.S. Department of Housing and Urban Development (hereinafter
referred to as HUD) to fund said project under the Housing and Community Development Act
of 1974 (Public Law 93-383) , as amended.
NOW, THEREFORE, IT IS AGREED by and between the parties that the following
provisions as well as all applicable Federal, State and County laws and regulations
including the attached SPECIAL PROVISIONS, identified as EXHIBIT "A", is part of this
I Contract.
apply:
1. For the PURPOSES OF THIS CONTRACT the following definitions shall
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Contract No. C40834
a. Project Manager: The party responsible for, but whose responsibility is
not limited to the following: Contracting, monitoring and implementing the project
through completion.
b. Construction Bid Package: A package of bidding documents which includes
I proposal, bidding instructions, contract documents, detailed estimated costs and plans
and specifications for a construction project, all prepared in accordance with
applicable Federal regulations.
c. Director: The Director of the Orange County Environmental Management
Agency (hereinafter -referred to as EMA) or his designee.
d. Reimbursable Basis: The CITY will provide the funds for the project and 1,
.submit proof of payment to the COUNTY, whereby upon approval, the COUNTY will forward
Community Development Block Grant (hereinafter referred to as CDBG) funds to repay the
it CITY.
2. It is understood that the CITY will act as PROJECT MANAGER for the project
described as: Public Facilities: (Orange Street) Street Improvements (015.5). The
CITY will utilize funds to construct/install phase I street improvements, gutters,
street lights and water mains in the Orange Street (High School) area within the City's
target area (see attached map, EXHIBIT "B", which is part of this Contract) .
3. It is agreed by all parties that the project shall be completed and all
funds provided through this Contract shall be expended on eligible project activities I
prior to December 31, 1990. Invoices for all approved project costs funded by the Block
Grant under this Contract shall be submitted within 180 days after the above date. The
date for project completion and expenditure of all funds may be extended at the
24 discretion of the DIRECTOR, on a year -by -year basis up to a maximum period of five (5)
25 `otal years, through written notification to the CITY. In the event of such an
2t' extension, the deadline for submittal of invoices shall be 180 days after the new
27 completion date.
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Contract No. C40834
4. CITY agrees:
a. Any proposed amendment to this Contract shall be submitted to and
approved by the COUNTY, prior to canmencement by CITY of any activity covered by said
lamendment.
b. To submit any and all third -party contracts proposed for funding through
this Contract to DIRECTOR for review and approval prior to award of such contracts by
CITY.
c. To be responsible for design and inspection, including funding the costs
related to those activities, unless funding for design and inspection activities is
provided for in Section 5.a. of this Contract.
d. To submit the Construction Bid Package for this project to DIRECTOR for
review prior to advertising for bids on the construction contract or prior to award of
such a contract if an alternative method of award is used. CITY shall not advertise for
bids until DIRECTOR has approved Construction Bid Package. CITY shall construct project
in accordance with the Construction Bid Package which DIRECTOR approved unless prior
written approval is received from DIRECTOR for modification therefrom.
17 e. To comply with CDBG Program Regulations, as may be periodically revised
18 by HUD, Office of Management and Budget, or other Federal agencies, and including laws
19 and policies applicable to the CDBG Program.
20 f. That the project shall be implemented and appropriately maintained for
21 Community Development purposes as defined by applicable HUD provisions to ensure maximum
22 feasible benefit and utilization of the project by low- and moderate -income persons.
23 g. To maintain accounting records, official files, and other evidence
24 pertaining to costs incurred as required by all applicable HUD regulations, and all of i
25 hese shall be accessible for the purposes of monitoring, audits, reporting and
26 examinations by duly authorized representatives of COUNTY or HUD. These records shall
27 be kept available at CITY's office during the project's contract period and thereafter
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for three (3) years from the date of final CITY receipt of HUD CDBG funds through this
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Contract No. C40834
h. That DIRECTOR shall periodically evaluate the CITY's progress in
complying with the terms of this Contract. CITY shall cooperate fully during such
monitorings. DIRECTOR shall report the findings of each monitoring to the CITY and
Orange County Board of Supervisors. If it is determined by the Board of Supervisors
that CITY performance or progress on performance is unsatisfactory, the Board of
Supervisors may withhold further funding on the project pending resolution of the
unsatisfactory condition(s), or may terminate this Contract. In addition, the Board of
9 Supervisors may require the CITY to reimburse COUNTY any funds that it determines to be
10 improperly expended or not expended on the project in a timely manner based on
11 applicable CDBG Program Regulations.
12_-- i. That if it is determined by HUD that funds were not expended in
,compliance with the applicable Federal laws and regulations. CITY will refund to COUNTY
within ninety 90 days thereafter such sums as were determined by HUD to have been
11 improperly expended.
16 j. When the project is completed, all unexpended funds remaining will be
17 returned to the COUNTY as soon as practicable, but in any event, within 180 days
18 thereafter. DIRECTOR may then reallocate returned funds to another Urban County
19 project (s) previously approved by the Board of Supervisors. Returned funds as such, may
20 be allocated by the DIRECTOR up to the lesser amount of ten percent (10%) of total
21 Contract funds provided herein Section 5.a. or Ten Thousand Dollars ($10,000.00) .
22 k. Should the COUNTY receive returned funds from other Urban County
23 projects, funding for this Contract, upon proof of anticipated cost overruns, may be
24 increased at the discretion and upon written authorization of the DIRECTOR up to the
2511 -lesser amount of ten percent (10%) of total Contract funds provided herein Section 5.a.
2u or Ten Thousand Dollars ($10,000.00).
27 1. To assume responsibility for compliance with the California
28 Environmental Quality Act (CEQA) and to provide COUNTY with necessary information to
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,CDBG funding amount as referenced in Section 5.a. unless otherwise provided in advance
as referenced in Section 4.k.
Contract No. C40834
comply with the National Environmental Policy Act (NEPA) prior to ccmmencing project
implementation. This may include, when applicable, CITY preparation of NEPA
documentation in coordination with County staff.
5. Project Funding:
a. Project will be financed under this Contract as follows:
Design and Inspection $ 4,500.00 (Four Thousand Five Hundred
Dollars and no/100) .
Construction
Dollars and no/100) .
and no/100) .
Total CDBG Funds
$.40,500.00 (Forty Thousand Five Hundred
$45,000.00 (Forty-five Thousand Dollars
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c. Payment by the COUNTY to the CITY shall be on a reimbursable basis
unless CITY has been authorized and issued cash advances by COUNTY under this Contract.
d. Cash advances requested by the CITY under this Contract shall be made by
the COUNTY to the CITY if the following conditions are met:
(1) The CITY has demonstrated to DIRECTOR through certification in a
form prescribed by DIRECTOR and subsequently through performance, its willingness and
capacity to establish CITY financial procedures that will minimize the time elapsing
between the receipt of funds and proper disbursement of such funds.
(2) The CITY certifies to DIRECTOR, that the CITY's financial
management system meets the standards for fund control and accountability prescribed in
Office of Management and Budget Circular No. A-102, as amended from time to time.
2c. (3) The CITY complies with the cash advance procedures required by
27 financial procedures of EMA. These procedures require that upon written receipt of
28 funds from the COUNTY, the CITY shall disburse payment (s) to vendor(s) within five ( 5)
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staff) of any income generated by the expenditure of CDBG funds received by the CITY;
and that per applicable Federal requirements, certain program income must be paid to the
COUNTY (e.g.,, interest earned on CDBG cash advances) ; and/or, the CITY may retain such
program income only if that program income is used exclusively for eligible activities,
Contract No. C40834
I working days and submit evidence of such disbursement (s) (i.e., warrant copies, etc.) to i
Ithe COUNTY.
If the CITY is subsequently found, by DIRECTOR, to be in noncompliance
with Section 5.d.(1) through Section 5.d.(3), CITY shall be paid on a
reimbursable basis.
e. Reimbursable basis payments, as referred to in Section 5.c. above,
and/or cash advances described in Section 5.d. above, shall be made in accordance with
EMA financial procedures. In the event of conflict between EKk financial procedures and
any applicable statutes, rules or regulations of HUD, including Office of Management and
Budget Circular No. A-102, the latter shall prevail.
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Iat -the discretion of the-- DIRECTOR, and in accordance with all CDBG requirements as may
then apply.
a. CITY shall keep and maintain appropriate records on the use of any such
program income as may be required by EMA staff since the COUNTY has the responsibility
of monitoring and reporting program income to HUD.
b. In the event of CITY close-out or change in status of the participating
CITY in the Urban County CDBG Program, any program income at that time or received
subsequent to the close-out or change in status shall be paid by CITY to the COUNTY
241 within 90 days thereafter.
25 7. Any proposed modification or change in use of real property acquired or
26 improved in whole or in part by CDBG funds from that planned at the time of the
27 acquisition or improvement, including disposition, must be reported by CITY to the
28 COUNTY and receive COUNTY concurrence thereto in advance of implementing the
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Contract No. C40834
11 modification or change in use.
a. Should the disposition, sale or transfer of such real property acquired
or improved in whole or in part using CDBG funds result in a use which does not qualify
under CDBG Regulations, the COUNTY shall be reimbursed by CITY in an amount equal to the
current fair market value (less any portion thereof attributable to expenditures of non- j
CDBG funds) .
b. Any program income generated from the disposition, transfer or sale of
such property prior to or subsequent to the CITY close-out or change in status of the
CITY in the Urban County CDBG Program may be either used by CITY for other specific
eligible activities in the CITY or paid to the COUNTY for other eligible Urban County
activities, as determined in advance of the expenditure at the discretion of the COUNTY.
8. CITY shall obtain an annual audit performed in accordance with OMB Circular
A128 and forward a copy to DIRECTOR. DIRECTOR shall have the right to ensure that
11 necessary corrective actions are made by the CITY for any audit findings pertinent to
�I CITY handling of funding attributable to the CDBG Program per Federal requirements.
9. Neither COUNTY nor any officer nor employee thereof shall be responsible for {
any damage or liability occurring by reason of any action or omission of CITY or its
agents, associates, contractors, subcontractors, materialmen, laborers, or any other
persons, firms, or corporations furnishing or supplying work service, materials, or
supplies in connection with CITY's performance of this Contract and from any and all
claims and losses accruing or resulting to any persons, firm or corporation for personal
injuries or property damage resulting from or as a consequence of, CITY's performance of
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this Contract under.or in connection with any work, authority or jurisdiction delegated
to CITY under this Contract. It is also understood and agreed that, pursuant to
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2F ''alif.ornia Government Code Section 895.4, CITY shall fully indemnify, defend and hold
26 COUNTY harmless from any liability imposed for injury (as defined by California
27 Government Code Section 810.8) occurring by reason of any action or omission of CITY
28 under or in connection with any work, authority or jurisdiction delegated to CITY under
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11 delegated to COUNTY under this Contract. It is also understood and agreed that,
pursuant to California Government Code Section 895.4, COUNTY shall fully indemnify,
defend and hold CITY harmless from any liability imposed for injury (as defined by
California Government Code Section 810.8) occurring by reason of any action or omission
of COUNTY under or in connection with any work, authority or jurisdiction delegated to
COUNTY under this -Contract. COUNTY shall act in an independent capacity and not as
Contract No. C40834
Ithis Contract. CITY shall act in an independent capacity and not as officers, employees
dor agents of COUNTY.
10. -Neither CITY nor any officer nor employee thereof shall be responsible for
any damage or liability occurring by reason of any action or omission of COUNTY, its
agents, associates, contractors, subcontractors, materialmen, laborers, or any other
persons, firms, or corporations furnishing or supplying work, service, materials, or
supplies in connection with COUNTY's performance of this Contract and from any and all
claims and losses accruing or resulting to any persons, firm or corporation for personal
injuries or property damage resulting from or as a consequence of COUNTY's performance
of this Contract under or in connection with any work, authority or jurisdiction
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officers, employees or agents of CITY.
11. Where contract funds are withheld, and at the request and expense of CITY,
COUNTY will accept securities equivalent to the amount withheld. Such substituted
security, meeting the requirements of Government Code Section 4590, shall be deposited
with COUNTY, or with a State or Federally chartered bank as escrow agent. If security
lis deposited with an escrow agent, it shall be covered by an escrow agreement.
12. In the event of CITY's failure to comply with the provisions of this
Contract, COUNTY may withhold or require CITY reimbursement of funds, and/or terminate
'-his Contract, and/or allocate funds previously assigned to this Contract to another
eligible project(s) within the Urban County.
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Contract No. C40834
1 IN WITNESS WHEREOF, CITY has caused this Contract to be executed by its Mayor
2 and attested by its Clerk; COUNTY has caused this Contract to be executed by the
3 Chairman of the Board of Supervisors and certified by Clerk of the Board, all having
4 been duly authorized by the City Council of CITY and the Orange County Board of
5 Supervisors.,
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Dated:
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10 ATTEST:
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1" City Clerk
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15 Dated:
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SIGNED AND CERTIFIED THAT A COPY OF
18 THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
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20 LINDA D. RUTH
Clerk of the Board of Supervisors
21 of Orange County, California
22 APPROVED AS TO FORM:
ADRIAN RUYPER, COUNTY COUNSEL
23 ORANGE COUNTY, CALIFORNIA
24 By
2F y�
/CD ti !/ c/, cam, ti i,
26 ij
JMH: bjgWP8-4 (C40840)
27 11/13/89
28
CITY OF TUSTIN
By
Mayor
COUNTY OF ORANGE, a political subdivision of
the State of California
By
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COUNTY
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*Orange Street (Tustin High
. g School) Area.
(includes alleys•, not shown)