HomeMy WebLinkAboutCC Res 4420 1995-11-13
RESOLUTION NUMBER~~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH AUTHORIZING BUDGETARY AMENDMENTS FOR
THE 1995/96 FISCAL YEAR (ADA MODIFICATIONS) -
(MARINA CENTER)
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THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
WHEREAS, the 1995/96 fiscal year budget requires budgetary
amendments as follows:
Community Development Block Grant Fund:
072.49667.070 ADA Modifications +
072.34106 Grant Reimbursement
$ 10,000
$ 10,000
PASSE ,
Seal
of
of
AYES:
Councilmembe
NOES:
Councilmembe
ABSENT:
.
,
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California,
do hereby certify that the ~~oing resolution is the original
copy of Resolution Number ~otlJ on file in the office of the
City Clerk, pa approved and adopted by the City Council ,~~
City of Seal B h at a r lar meeting ~eld on the _
day of ~ , l:o~.
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Resolution Number .",~
C:ontract~0.EC:4l728
C:OUNTY OF ORANGE
ENVIRO~MENT AL MANAGEMENT AGENC:Y
HOUSING AND REDEVELOPMENT
PUBUC: FAc:n.lTIES AND IMPROVEMENTS
(C:DBG Program Year XX)
..
TJ11.E OF PROJECT: C:ity Of Seal Beach - Public facilities & Improvements - Marina <:enter
MEMORANDUM OF C:ONTRACT entered into this _ day of
.1994.
BY AND BE'IWEEN
c:ity Of Seal Beach. a municipal corporation, in the
State of c:aJifomia, and hereinafter referred to as
"c:rrY" .
AND
C:OUNTY OF ORANGE. a political subdivision
of the State of c:aJifomia and recognized Urban
C:Ounty under the federal Housing and c:ommunity
Development Act of 1974 (Public Law 93-383), as
amended, hereinafter refened to as "C:OUNTY"
REc:JT ALS: This C:ontrac:t is made with reference to the following facts, among others:
WHEREAS, the C:OUNTY anticipates entering into a separate contract for the period July I, 1994 -
December-31. 1995 with the United States Department of Housing and Urban Development (HUD) to receive
funds under Title 1 of the Housing and C:Ommunity Development Act of 1974 (Public Law 93-838, as amended)
for the purpose of funding projects meeting one of the HUD national objectives. and
WHEREAS, C:OUNTY and c:rry previously entered into a <:OOperation Agreement dated
July 13, 1993 in which both panies agreed to cooperate in the undertaking, or assist in the undertaking. of
community development and housing assistance activities. and
WHEREAS. c:rry bas submitted to C:OUNTY an application for funding of a project described
herein. and
WHEREAS. C:OUNTY adopted its final Statement of Objectives and Projected Use of Funds on
May 17. 1994 by Resolution ~o. 94-588 w!Uch sets fonh the project described herein, and
WHEREAS. HUD has ac:c:epted and certified the aforementioned final Statement.
~OW. THEREFORE. IT IS AGREED by and between the panies that the following provisions as well
as all applicable Federal Regulations including 24 c:FR 570.600-612 and appropriate State and C:Ounty laws and
regulations including the attached GENERAL C:ONDmONS, identified as Exhibit. A. and Exhibit "B" are pan
of this C:ontract.
I. SC:OPE OF SERVIC:ES
A. ACTIVITIES
c:rry will act as PROJECT MANAGER and will be responsible for administering a Year XX
C:llmmunity Development Block Grant Public Facilities and Improvements project described as follows in a
manner satisfactory to the C:OUNTY and consistent with any standards required as a condition of providing
these funds:
Project Description
Rehabilitation to include ADA modifications, entrance ramp. seismic upgrades, trash enclosure. mylar
covering on windows to prevent shattering during an eanhqake, pouring of a tetberba11 c:onc:rete pad and
the CODslrUCtion of a trash dumpster encloure away from the building. and suppon costs.
Resolution Number ~~
Such proaram will include the following activities eligible under the applicable State and Federal regulations
regulating the use of the subjecl funds:
Proaram Delivery
Activity No 1: ADA ModifICations.
Activity No 2:
Activity No 3:
General Administration: CITY shall provide the ovemghl. administration and project management
necessary to accomplish all contracted activities.
B. LEVELS OF ACCOMPUSHMENT
In addition to the nonnal administrative services required as pan of this Contract, the CITY agrees to
accomplish the following levels of proaram services:
Activity Total Proaram Services
Activity No 1
Activity No 2
Activity No 3
C. BUDGET
This Contract is for an amounl not to exceed 510,000 (ten thousand dollars and no cenlS).
Funds shall be used for the following eligible COSIS:
O. PERFORMANCE MONITORING
The COUNTY will, in accordance with Section m.A. of this Contract, monitor the perform.anr:e of the CITY
against the goals and perfonnance standards required herein. Substandard perfonnance as determined by
COUNTY will constitute non-comp1iance with this ContnICL COUNTY may terminate this Contract
pursuant to Section H. of Exhibit A -General Conditions-, attached hereto.
D. TIME OF PERFORMANCE
Services of the CITY sha1I begin on July I, 1994 and shall be completed by December 31,1995. The
term of this contract and the provisions' herein shall be extended to cover any additional time period during
which the CITY remains in control of contract funds including proaram illCOD1e.
m. PAYMENTS
A. CONTRACl' AMOUNT
II is expressly agreed and understood thaI the total amount to be paid by the COUNTY under this contract
shall nOI exceed the amount stated in Section I.C of this contract Drawdowns for the paymenl of eligible
expenses shall be made against the eligible cost items specified in Section 1.0 herein, and in accordance with
Exhibit A attached and in lICCOrdance with monthly performance reports. Expenses for seneraJ
administration shall also be paid against the line item budgets specified in paragraph I.C. and in accordance
with perfonnance.
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Resolution Number ~~~~
B. REIMBURSEMENT
On a monthly basis CITY may invoice COUNTY for reimbursement or eligible costs (See Exhibit A).
ConciInently with its lequest for the aforementioned funds, CITY shall submit to the COUNTY the
following support documentation: (Copies of) paid invoices, receipts, payroll records, bank swements,
cancelled checks and other items adequate to document project expendillRs. CITY shall also provide a
monthly perfonnance report including Grantee Performance Direct Benefit Activity Infonnation addressing
I its level of pelfonnance with each activity undertaken relative to the scope of services set forth in Section I.,
herein. No payments will be authorized if any preceding month's reports or invoices are outstanding.
IV. NOTICES
Communication and details concerning this Contract shall be directed to the following Contract
representatives:
County of Orange
EMA-Housing and Redevelopment
1770 North Broadway
Santa Ana. California 92706
Attn: Chief, Grant Management Section
City or Seal Beach
City Hall
211 Eighth Street
Seal Beach, CA 90740-6379
Attn: Lee WbitteDgerg
V. SPECIAL CONDmONS
DEFINITIONS
I A.
For the pwposes of this Contract the following defmitions shall apply:
1. PROJECT MANAGER: The party responsible for, but whose responsibility is not limited
to the following: Contracting, monitoring and implementing the project through completion.
2. DIRECTOR: Director of the Orange County Environmental Management Agency (EMA)
or his designee.
3. REIMBURSABLE BASIS: The CITY will provide the funds for the project and will submit
proof of payment to COUNTY, whereupon after approval by COUNTY, COUNTY will repay to the
CITY.
4. CONSTRUcnON BID PACKAGE: A package of bidding documents which includes
proposal, bidding instructions, contract documents, detailed estimaled costs and plans and specifications
for a construction project, all prepared in accordance with applicable federal regulations.
I B.
PROJECT FUNDING
I. The project sha11 be completed and all funds provided through this Contract shall be expended
on eligible project activities prior to December 31, 1995. Invoices for approved project costs funded under
this Contract shall be submitted within 90 days after the Contract expiration date. The date for project
completion and expenditure of all funds may be extended by the DIRECTOR at his sole discretion for up
to sill. months from the Contract expiration date with written notification to CITY. In the event of such
extension, the deadline for submittal or invoices sha11 be 90 days after the new completion date. After
Resolution Number 4~~"
Contract No. EC4 I 728
Contract expiration, all unexpended funds ranaining from this Contract may be allocated by COUNTY
to other eligible COBG projects within the Urban County Program.
C. CITY agrees:
I. That the project shall be implemented and appropriately maintained for Conununity
Development purposes as defined by applicable HUD provisions to ensure maximum feasible benefit
IUld utilization of the project by low- ad moderate-income persons.
2. That DIRECTOR shall periodically evaluate the CITYs progress in complying with the
tenDS of this Contract. CITY shall cooperate fully during such monitoring. DIRECfOR shall repon
the findings of each monitoring to the CITY. DIRECTOR may. at his discretion, repon said fmdings
to the 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 as prescribed in 24 CPR 85.43 and 85.44. In addition. the Board of
SupezVisors may require the CITY to reimburse COUNTY any funds that it detennines to be
improperly expended or not expended on the project in a timely manner based on applicable COBG
Program Regulations.
3. 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 I.D. of this
Contract.
4. If this contract is a construction project, 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 advenise for bids
until DIRECrOR 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 modifica1ion therefrom.
. 5. That this Contract is conditional upon COUNTY being funded by HUD, and the release of
funds to COUNTY.
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6. That this Contract is also conditional upon complying with HUD Environmental Review
under HUD regulations at 24 CPR, Pans 50 and 58 which implement Section 102(2)(c) of the
National Environmental Policy Act of 1969 and the California Environmental Quality Act. I
7. To provide requested materials to COUNTY for the Environmental Review process
requested by HUD. lbis process may take up to ninety (90) days.
D. MODIFICA TlONStrRANSFERS
I. Any proposed modifica1ion or change in use of real property acquired or improved in whole
or in pan by COBG funds from that planned at the time of the Kquisition or improvement, including
disposition. must be reported by CITY to the COUNTY and receive COUNTY concurrence thereto in
advance of implementing the modification or change in use.
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2. The CITY shall transfer to COUNTY any COBG funds on hand at the time of Contract
expiration and any accounts receivable attributable to the use of COBG funds. The CITY shall ensure
that any real t'IO....rty under the C1TY's control that was acquired or improved in whole or in pan with
CDBG funds in excess of $25,000 is either:
<a) Used to meet one of the national objectives in 24 CFR 570.208 until five years after
expiration of the contract; or,
(b) Is disposed of in a manner which results in the COUNTY being reimbursed in the
amount of the cUlTCnt fair market value of the property less any ponion thereof attributable to
expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such
reimbursement is not required after the period of time specified in accordance with 2(a) above.
E. AUDIT
I. CITY shall obtain an annual audit performed in accordance with OMB Circular A-128and
forward a copy to DIRECTOR within ISO clays after the end of each accounting year. DIRECTOR
shall have the right to ensure that necessary corrective actions are made by the CITY for any audit
rmdings pertinent to CITY. handling of funding attributable to the COBG Program per Federal
requirements.
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Resolution Number ~df~
IN WITNESS WHEREOF, CITY has caused this ConU8Ct to be executed by its
and attested by its Clerk; COUNTY has caused this ConU8Ct to be executed by the Director of EMAlHousing
and Redevelopment, all having been duly authorized by the Oty Council of CITY and the Orange County
Board of Supervisors.
APPROVED AS TO FORM:
CITY ATI'ORNEY
By: 'tlcmf!A --
Dated: () - IJ. ~J-
~J liS'l~
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/ ;A"~d1 /7Lc.ko
- City C uk /
Dated:
Oty Of Seal Beach, a municipal corporation in
the Stale of California
By:
/lLf2J2 M
COUNTY OF ORANGE, a political
subdivision of the State of California
By:
Dhongchai Pusavat, Director
EMA-Housing and Redevelopment
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APPROVED AS TO FORM: .
TERRY ANDRUS, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
ORIGINAL
C GRANTEE C AUDITOR
COm'ROLU:R
C a.ERK. OF mE BOARD
DATE: ITEM NO.
BOARD RESOLUTION NO.
CDUIm' OFORANOE. HOUSINCiIREDEVELOPMENT
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