The URL can be used to link to this page

Home My WebLink AboutCC Res 3558 1986-01-13 RESOLUTION NUMBER ~~~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY 'OF SEAL BEACH, CALIFORNIA, ADOPTING A HOUSING AND COMMUNITY DEVELOPMENT CONTRACT (KI3.1) WITH THE COUNTY OF ORANGE IN APPLYING FOR PUBLIC FACILITIES AND IMPROVEMENT FUNDS UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 THE CITY COUNCIL DF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: I WHEREAS, the City previously entered into a Cooperation Agreement with the County of Orange 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 described as Public Facilities and Improvements - Alleys (KI3.1) (RE: Second Street Alley); and WHEREAS, the County has entered into a separate agreement dated July 24, 1984 with the U. S. Department of Housing and Urban Development to fund said project under the Housing and Community Development Act of 1974 (Public Law 93-383); and WHEREAS, the contract attached hereto as Exhibit "A" further defines the responsibilities of the two parties. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seal Beach does hereby approve the contract attached hereto as Exhibit "A" and authorizes the Mayor to enter into the contract on behalf of the City. I NOES: Councilmembers PASSED, APPROVED and ADOPTED by the City Coun~~2f the City Seal Beach at a meeting ther-eof held on. the t~ day of 1986, by the following vo, I,' _ AYES: Councilmember ABSENT: Councilmembers 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 th~~O~ing Resolution is the original cog f Resolution Number ~ on file in the office of the City C1erk, ssed, approved an adopted by the City Council of~!~e City of. Sea Beach at a regular meeting thereof held on the ~ day o , 986. I I: i: 19 , ' Resolution Number .f}55€J Contract No. C40192 COON'1'Y OF ORANGE BNlTIRONMEN'l'AL MANAGEMENT AGENCY ROUSING AND COMMUNITY DEVELOPMENT CONTRACT 1 TITLE OF PROJECTI seal Beach-PUblic Facilities and Improvements, 2nd Street Alley (Kl3.1) 2 MIMOllANDllM OF alm'RACT entered into this day of 3 19_. , 4 BY AND BB'l'NBEN CITY OF SEAL BEACH, a municipal corporation, hereinafter referred to as CITY, 7 8 9 10 11 and COUN'1'Y OF ORANGE, a political subdivision of the state of California and recognized Orban COunty under the Federal Rousing and Community Development Act of 1974 (Public Law 93-383), as amended, hereinafter referred to as COUN'l'Y. MREREAS, COUN'1'Y and CITY previously entered into a Cooperation Agreement, 12 dated October 9, 1984, in which both parties agreed to cooperate in the undertaking, 13 or assist in the undertaking, of community development and housing assistance 14 activities, and 15 WHEREAS, the CITY has submitted to the COUN'1'Y an application for funding 16 of a project hereinafter described, and WHEREAS, the COUNTY has entered into a separate agreement dated July 3D, 1985, with the O.S. Department of Rousing and Orban Development (hereinafter designated as BUD) to fund said project under the Housing and Community Development 20 Act of 1974 (Public Law 93-383), as amended (hereinafter referred to as ACT). 21 ROW, '1'IIBREPORE, 1'1' IS AGREED by and between the 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-, and all other 24- attached Exhibits, are part of this contract. 25 216 apply I 1. Par the PURPOSES OF '!'BIS CON'l'RACT the following definitions shall 1 a. project Manager I 'l'be party responsible for, but whose 2 responsibility is not limited to the following I COntracting, monitoring and 3 implementing the project through completion. III b. COnstruction Bid Package I A package of bidding documents which 5 includes proposal, bidding instruction, contract documents, detailed estimated costs 6 and plans and specifications for a construction project all prepared in accordance 7 with applicable federal regulations. 8 c. Director I 'l'he Director of the Orange county Environmental 9 Management Agency or his designee. Resolution ;lumber 3558 10 d. Reimbursable Basis I 'l'he CITY will provide the funds for the 11 project and submit proof of payment to the COUN'1'Y, whereby upon approval the COUNTY 12 will forward Community Development Block Grant (hereinafter referred to as CDBG) 13 funds to repay the CITY. 14 2. It is understood that the CITY will act as project Manager for the 15 project described aSI Public Facilities and Improvements, 2nd street Alley (K13.1). 16 CI'l'Y will utilize funds to reconstruct approximately 560 linear feet of water and 17 sewer lines and to repave 2nd street Alley from ocean Avenue Alleyway to Central 18 Avenue Alleyway South within the target area (see attached map, Exhibit -B-). 19 3. It is agreed by all parties that the project shall be completed and 20 all funds provided through this Contract shall be expended on eligible project 21 activities prior to December 31, 1986. Invoices for all approve4 project costs 22 funded by the Block Grant un4er this contract shall be submitted within 180 days 23 after the above date. 'l'be 4ate for project completion and expenditure of all funds 24 may be exten4ed by Director through written notification to the CI'l'Y. In the event 25 of such an extension, the deadline for submittal of invoices shall be 180 days after 216 the new completion date. 27 4. CI'l'Y agreesl l[ a. Any amendment to this contract shall be submitted to and 2 approved by the COUNTY, prior to commencement by CITY of any activity covered by 3 said amendment. 4 b. '1.'0 submit any an4 all thir4-party contracts funded through this 5 Contract to DIRECTOR for review and approval prior to award of such contracts by CITY. 6 c. '1.'0 be responsible for design and inspection, including funding 7 the costs related to those activities, unless funding for 4esign and inspection 8 activities is provided for in Section 5.a. of this Contract. 9 d. '1.'0 submit the COnstruction Bi4 Package for this project to 10 DIRECTOR for review prior to advertising for bids on the construction contract or 11 prior to award of such a contract if an alternative method of award is use4. CITY 12 shall not advertise for bids until DIRECTOR has approved Construction Bid Package. 13 CI'l'Y shall construct project in accordance with the Construction Bid package which 14 DIRECTOR approved unless prior written approval is received from DIRECTOR for 15 modification thereof. 16 e. '!'hat all work shall be in accordance with all applicable CI'l'Y 17 regulations. 18 19 20 21- I I I f. '!'hat the project shall be retained for community Development purposes as defined by applicable BOD provisions at a level of operations and maintenance to ensure maximum feasible benefit and utilization of the project by low-and moderate-income persons. Resolution Number ~~ 22 23 24 25 216 g. '1'0 maintain accounting records, official files, and other evidence pertaining to costs incurred as required by all applicable BOD regulations, and all of these shall be accessible for the purposes of monitoring, audits, reporting and ....inations by duly authorized representatives of COUNTY or BUD. 'l'hese records shall be kept available at CI'l'Y's office during the project's contract ~ period and thereafter for three (3) years from the date of final payment of BOD I' I CDBG funds. 2 h. '!'hat DIRECTOR, shall periodically evaluate the CI'l'Y'. progress 3 in CCIIlPlying with the terms of this Contract. CITY shall cooperate fully during 4 such JDOrlitorings. DIRECTOR shall report the findings of each monitoring to the CITY 5 and Orange COunty Soard of Supervisors. If it is determined by the Soard of 6 Supervisors that performance or progress on performance is unsatisfactory, the Board 7 of Supervisors may withhold further funding on the project pending resolution of the 8 unsatisfactory condition(s) or may terminate this COntract. In addition, the Soard 9 of Supervisors may require the CI'l'Y to reimburse COON'1'Y any funds that it determines 10 to be improperly expended or not expended on the project in a timely manner based on 11 applicable CDBG Program regUlations. 12 i. 'l'hat if it is determined by BUD that funds were not expended in I: compliance with the applicable federal laws and regulations, CI'l'Y will refund to COUNTY as soon as practicable such sums as were determined by BUD to have been 15 improperly expended. 16 j. When the project is completed all unexpended funds remaining 17 will be returned to the COUN'1'Y as soon as practicable. COUNTY may then reallocate 18 returned funds to another Urban County project Is) at the discretion of the Board of 19 Supervisors. 20 k. '1'0 assume responsibility for compliance with the California 21 Environmental Quality Act and to provide COUNTY with necessary information to comply 22 with the National Environmental POlicy Act prior to commencing project 23 implementation. 24 25 11I26 27 5. Project Fundingl a. 'l'he estimated project cost(s) covered by this agreement is. Lanc! Acquisition $ -0- Design and Inspection $ -0- 1 2 Dollars and no/10D). 3 COnstruction COntract $76,000.00 (Seventy-six 'l'housand 'l'OTAL $76,000.00 (Seventy-six 'l'housand 4 Dollars and no/1DD). , Resolution Number ~~~~ 5 6 follows I 7 b. Based on the above estimate, this project will be financed as Block Grant Funds 8 Dollars and no/1DD). 9 c. COON'1'Y shall not be responsible for any costs which exceed the 10 approved Block Grant amount. 11 d. Payment by the COUNTY to the CITY shall be on a reimbursable 12 basis unless CI'l'Y has been authorized and issued cash advances by COUNTY under this 13 Contract. 14 e. Cash advances requested by the CITY under this Contract shall be 15 made by the COUN'l'Y to the CITY if the following conditions are set: 16 (1) '!'he CI'l'Y has demonstrated to DIRBC'l'OR through certification 17 in a form prescribed by DIRECTOR and subsequently through performance, its 18 Willingness and capacity to establish CI'l'Y financial procedures that will minimize 19 the time elapsing between the receipt of funds and proper disbursement of such funds. 20 (2) 'l'he CITY certifies to DIRBC'l'OR, that the CITY's financial 21 management system meets the standards for fund control and accountability prescribed 22 in Office of Management and Budget Circular No. A-I02 as amended from time to time. 23 (3) '!'he CITY complies with the cash advance procedures required 24 by the Financial Procedures of the Housing and community Development Program Office 25 of county's Environmental Management Agency (hereinafter referred to as 1lMA). 'l'hese 26 procedures require that upon written receipt of funds from the CODdTY, the CI'l'Y 27 shall disburse payment to vendor within five (5) working days and submit evidence 1 of such disbursement(s) (i.e.,. warrant copies, etc.) to the COUNTY. 2 If the CITY is subsequently found, by DIRBC'l'OR, to be in 3 noncc.pliance with 5.e.(1) through 5.e.(3) CITY shall be paid on a reimbursable 4 basis. 5 $76,000.00 (seventy-six 'l'housand I. I f. Reimbursable basis payments, as referred to in section S.d. 6 above, and/or cash advances described in S.e. above, shall be made in accordance with 7 the financial procedures of IMA. In the event of conflict between such financial 8 procedures and any applicable statutes, rules or regulations of BUD, including 9 Office of Management and Budget Circular RO. A-ID2, the latter shall prevail. 10 6. Neither comrrr nor any officer nor employse thereof shall be 11 responsible for any damage or liability occurring by reason of any action or omission 12 of CITY or its agents, ..sociates, contractors, subcontractors, ..aterialmen, 13 laborers, or any other persons, firms, or corporations furnishing or supplying work 14 service, materials, or supplies in COMection with CITY's perforlllllnC8 of this I 19 20 11 22 23 24 25 216 27 5 16 7 Resolution Number ~~~~ 151 Contract and from any and all claims and losses accruing or resulting to any persons, 16 firm Qr corporation for personal injuries or property damage resulting from or as a 17 consequence of, CITY's performance of this Contract under or in connection with any 18 work, authority or juriSdiction delegated to CI'l'Y under this COntract. It is also understood and agreed that, pursUAnt to California Government Code Section 895.4, CITY shall fully indemnify, defand 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 ClIIIission of CITY under or in connection with any work, authority or jurisdiction delegated to CI'l'Y under this Contract. CI'l'Y shall act in an independent capacity and not as officers, employees or agents of COUN'1'Y. 7. Reither CITY nor any officer nor employee thereof shall be responsible for any damage or liability occurring by reason of any action or OIIission of 000N'l'Y, its agents, associates, contractors, subcontractors, materialmen, 1 laborers, or any other persons, firms, or corporations furnishing or supplying work, 2 service, materials, or supplies in connection with COUNTY's performance of this 3 COntract and from any and all claims and losses accruing or resulting to any persons, 4 firm or corporation for personal injuries or property damage resulting from or as a consequence of COUN'l'Y'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, 8 COUNTY shall fully indemnify, defend and hold CI'l'Y harmless frOlll any liability 9 imposed for injury (as defined by California Government Code Section 810.8) occurring 10 by reason of any action or omission of COON'1'Y under or in connection with any work, 11 authority or jurisdiction delegated to COUNTY under this COntract. COUNTY shall act 12 in an independent capacity and not as officers, employees or agents of CITY. 13 8. Where contract funds are withheld, and at the request and expense of 14 CI'l'Y, OOCN'l'Y will accept sacurities equivalent to the amount withheld. Such 15 substituted security, meeting the requirements of Government Code Section 4590, shall 16 be deposited with COllNTY, or with a State or federally chartered bank as escrow 17 118 19 agent. If security is deposited with an escrow agent, it shall ba covered by an escrow agreement. 20 Contract, COUN'1'Y may withhold funds andlor terminate this COntract and allocate 9. In the event of CI'l'Y's failure to comply with the proviSions of this 21 22 23 24 25 funds previously assigned to this COntract to another eligible projectlS) within the Urban county. III III III Reso 1 uti on ilumber .!J$.ti"8 Contract No. C40192 1 IN WI'l'NESS WBERBOF, CITY has caused this Contract to be executed by its Mayor 2 and attested by ita Clerk, COUN'1'Y 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 CI'l'Y and the Orange County Board of I 5 supervisors. 6 7 ~ 8 Dated: \_~')U~ J~ 19P(", 9 A'l"l'ES'1' I 10 11 12 13 14 15 Dated I 16 CITY OF SEAL BEACH By ~ ~ ,.) ~. .:~, I> Mayor COtJN'l'Y OF ORANGE, a political subdivision of the state of California By Chairman of the~ of supervisors III 17 SIGNED AND CER'l'IFIED '!'BAT A COPY OF 'l'RI S DOCllMEN'l' BAS BEEN DBLIVERED '1'0 18 '1'RB CHAIlUWl OF 'l'BB BOARD. 19 20 LINDA D. ROBBR'l'S Clerk of the Board of supervisors 21 of Orange County, California 22 APPROVED AS '1'0 FORM I 23 ADRIAN ltUYPBR, COlJN'1'Y COtlNSEL ORANGE COUN'1'Y, CALIFORNIA 24 25 By 26 BlCD )JL#1 J.-, ~J ..:> '':~~ /' " 27 LMlbjgDBB-4.1B 28 11/27/B5 I ReSOlutiOn "umber ~ con~ae-\: llo.C40192 - . ~ - - .... .-."'-- ~ " " - - ,. ANGELES .OUNTf \ I PAC\f\C OCEAN \ \ \ \ , \ .__..",.... ""...", _ ,.. so',,, ."" o SEA\. BEACH EtfI\ICM""Etl'T-'\. ..,.MAGEtlAEtl'T AGEMCI 1.".1.000' \