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HomeMy WebLinkAboutCC 4 HSNG & CD PROG. 03-07-88 · . :'~ ::- '~ "' ~ "' CONSENT CALENDAR ~ ~;'--~ ~ ~ :~ ~' - 3-7-88 Inter -'Corn DATE: ~RCH 7, 1988 ~ TO: FROM: SUBJECT: #ILLIAM HUSTON, CITY MANAGER COI~IUNITY DEVELOPMENT DEPARTMENT PROPOSED CONTRACT HITH COUNTY OF ORANGE FOR PROVISION OF PUBLIC FACILITIES AND IMPROVEMENTS - 131tl YEAR ROUSING AND COMMUNII~F DEVELOPMENT PROGRAM RECOIqMENDED ACTION It is recommended that the City Council approve the attached contract as submitted. BACKGROUND Enclosed is a proposed contract between the City and the County of Orange which implements the portion of the City's 13th year Housing and Community Development (HCD) Block Grant application described as Public Facilities and Improvements, Sierra Vista Drive, Karen Way and Jan Marie Place (Panky Annexation No. 135 area). On December 15, 1986 the City Council approved the City's 13th year HCD application which recommended HCD funds be allocated to the Public Facility Improvement Project for the above identified.streets. The Orange County Board of Supervisor's approved the City's 13th Year HCD application On May 13, 1987 and specifically approved $50,000 for this public facility project. The ($50,000) funds, will be utilized for, but not limited to the construction of storm drains; street improvements which could include street parings, sidewalks, curbs, gutters, street lights, watermains and accessories. The City Attorney has reviewed the contract and finds it acceptable. Ma~y An~FChamberl~in, Associate Planner Christi'ne A. Shfngleto~ Director of Communt ty~evelopment MAC: CAS' ts Attachment: Contract 3 4 5 6 7 8 9 10 11 14 15 16 17 18 19 2O 21 22 23 24 27 28 Contract No. C40454 cbum~ OF ORANGE ENVIRONMENTAL MANAGEMENT AGENCY HOUSING AND COMMUNITY DEVELOPMENT CONTRACT TITLE OF PROJECT: City of Tustin - Public Facilities and Improvements - Sierra Vista Drive, Karen Way and Jan Marie Place (M15.2) MEMORANDUM OF CONTRACT entered into this day of ~ 19 . BY AND BETWEEN CITY OF TUSTIN, a municipal corporation, hereinafter referred to as CITY, and 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 previously entered into a Cooperation Agreement, dated October 9, 1984 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 an agreement dated September 1, 1987, 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). 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", and all other attached Exhibits, are part of this Contract. 1. For the PURPOSES OF THIS CONTRACT the following definitions shall apply: a. Project Manager: The party responsible for, but whose re~ponsibil~ty is not limited to thefollowing: Contracting, monitoring and implementing the project 4 5 6 7 8 9 10 tl 14 15 16 17 18 19 20 21 22 23 24 26 27 28 Contract No. C40454 through completion. b. Construction Bid Package: A package of bidding documents which includes pr6posal, 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 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: Public Facilities and Improvements, Sierra Vista Drive, Karen Way and Jan Marie Place (M15.2). City will utilize funds for the construction of storm drains; street improvements which will include street paving, sidewalks, curbs, gutters and street lights; water mains and accessories. 3. It is agreed by all parties that the project shall be c6mpleted and all funds provided through this Contract shall be expended on eligible project activities prior to December 31, 1988. 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 by Director 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 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 funded through this Contract to DIRECTOR for review and approval prior to award of such contracts by CITY. --2-- 1 2 3 4 5 6 7 8 9 }0 11 16 ~7 18 I9 20 2'1 23 24 26 27 28 Contract No. C40454 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 thereof. e. That all work shall be in accordance with all applicable CITY regulations. . f. That the project shall be implemented for Community Development purposes as defined by applicable HUD provisions at a level of operations and maintenance to ~nsure maximum feasible benefit and utilization of the project by low- and moderate- income persons. g. To maintain accounting records, official files, and other evidence pertaining to costs incurred as required by all applicable HUD regulations, and all of these shall be accessible for the purposes of monitoring, audits, reporting and 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 payment of HUD CDBG funds. h. That DIRECTOR, shall periodically evaluate the CITY's progress in complying with the terms of this Contract. CITY shalI 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 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 Supervisors may require the CITY to reimburse COUNTY any funds that it determines to be improperly -3- Contract No. C40454 'expended or not expended on the project in a timely manner based on applicable CDBG Program regulations. 3 i. That if it is determined by HUD that funds were not expended in compliance 4 with the applicable federal laws and regulations, CITY will refund to COUNTY as soon as 6~ 7 8 9 10 11 13 14 16 17 18 19 20 21 22 23 24 26 27 28 practicable 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. COUNTY may then reallocate returned funds to another Urban County project(s) previously approved by the Board. Returned funds as such, may be allocated by the Director up to a maximum of Ten Thousand Dollars and no/100 ($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 by up to 10% of total Contract amount to a maximum of Ten Thousand Dollars and no/100 ($10,000.00) at the discretion and upon written authorization of the Director. 1. To assume responsibility for compliance with the California Environmental Quality Act (CEQA) and to provide COUWfY 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 agreement as follows: Land Acquisition Design and Inspection Construction Contract $ --0-- $ 5,000 (Five Thousand Dollars and no/100) $45,000 (Forty-Five Thousand Dollars and no/100). Total Block Grant Funds $50,000 (Fifty Thousand Dollars and no/100) b. COUNTY shall not be responsible for any costs which exceed the approved Block Grant amount as referenced in 5.a. unless otherwise provided in advanCe as -4- 1 2 3 4 5 6 7 8 9 10 11 14 15 16 17 18 19 20 21 22 23 24 26 27 28 Contract No. C40454 referenced in 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 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 the Financial Procedures of the Housing and Community Development Program Office of County's Environmental Management Agency '(hereinafter referred to as EMA). These procedures require that upon written receipt of funds from the COUNTY, the CITY shall disburse payment to vendor 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 5.d.(1) through 5.d.(3) CITY shall be paid on a reimbursable basis. f. Reimbursable basis payments, as referred to in section 5.c. above, and/or cash advances described in 5.d. above, shall be made in accordance with the financial procedures of EMA. In the event of conflict between such financial procedures and any applicable statutes, rules or regulations of HUD, including Office of Managemen~ and Budget Circular No. A-102, the latter shall prevail. 6. 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 --5-- Contract No. C40454 1 2 3 4 5 6 7 8 9 10 11 14 15 16 17 18 19 20 21 22 23 '24 26 27 28 · 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 d~legated 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 shall act in an independent capacity and not as officers, employees or agents of COUNTY. 7. 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 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 i~ connection with any work, authority or jurisdiction delegated to COUNTY under this Contract. COUNTY shall act in an independent Capacity and not as officers, employees or agents of CITY. --6-- · Contract No. C40454 , 2 3 4 5 6 7 8 9 10 11 14 15 16 17 18 19 20 21 22 23 24 26 27 28 8. 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. 9. In the event of CITY's failure to comply with the provisions of this Contract, COUNTY may withhold funds and/or terminate this Contract and allocate funds previously assigned to this Contract to another eligible project(s) within the Urban County. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// II1' III -7- Contract No. C40454 IN WITNESS WHEREOF, CITY has caused this Contract to be executed by its Mayor 2 land attested by its Clerk; COUNTY has caused this Contract to be executed by the 31 Chairman' of the Board of Supervisors and certified by Clerk of the Board, all having 'i been duly authorized by the City Council of CITY and the Orange County Board of I Supervisors. 7 ~I CITY OF TUSTIN 8 9 Dated: 10 ATTEST: City Clerk 1o 14 15 Dated: 16I 18 SIGNED AND CERTIFIED THAT A COPY OF ~THIS DOCUMENT HAS BEEN DELIVERED TO ]9 THE CHAIRMAN OF THE BOARD. :1 22 23 LINDA D. ROBERTS Clerk of the Board of Supervisors of Orange County, California 24 ORANGE COUNTY, CALIFORNIA . ! By ...,- , n / APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL H/CD / JMH: maWpS-4.13 26 27 28 (l/il/SS) By Mayor COUNTY OF ORANGE, a political subdivision of the State of California By Chairman of the Board of Supervisors COUNTY G. ROURKE CITY ATTORNEY. -8-