HomeMy WebLinkAboutCC Res 3466 1985-03-11
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RESOLUTION NUMBER ~ 4'
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH, CALIFORNIA ADOPTING A HOUSING
AND COMMUNITY DEVELOPMENT CONTRACT 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 OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
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WHEREAS, the City previously entered into a Cooperation Agreement
with the County of Orange dated November 24, 1981, 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 submmitted to the County an application
for funding of a project described as Public Facilities
and Improvements - Alleys (J13.1) (RE: 5th & 7th Street
Alleys); 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).
WHEREAS, this contract attached hereto as Exhibit "A" further
defines the responsibilities of the two parties.
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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.
PASSED, APPROVED AND ADOPTED by the City Counci10f the Cit
Sea 1 Beach at a meeting thereof he ld on the //~~ day of
1985, by the following vo
. AYES:
NOES:
ABSENT:
Counci1member
C'""~l"""'~~
Councl1members
Q;~~4J' ~~.-.~d
ayor
ATTEST:
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STATE OF CALIFORNIA
COUNTY OF ORANGE
CIT~ OF SEAL BEACH
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I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California,
do hereby certify that the foregoing resolution is the original
copy of Resolution Number ~~[;, on file in the office of the City
Clerk, passed, approved and adopted by the City Council of th~~
City of t1J Bea~ a regular meeting thereof held on the -
day of ~ , 1985.
9.-:ct.lh ( -t.
Resolution Number ~~
Contract No. C400S7
COOHTY OF ORANGE
EN\1IJtONMEH'D\L Ml'.NAGEMENT AGENCY
Il)USING AND COMMUNITY IEVELCPMENT CONTRACT
1 TITLE a! PRW'ECT: Public pacilities and Improvements, Alleys (J13.l)
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ME/lDRANIXJM OF CDHTllACT entered into this
day of-
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4 BY AND BETWEEN
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CITY OF SEAL BEACII, a municipal corporation,
hereinafter referred to as CITY,
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and
COllHTY OF ORANGE, a political Subdivision of
the State of California and recognized Urban
CoWlty under the Federal Housing and Caamunity
Development Act of 1974 (Public Law 93-383),
as amended, hereinafter referred to as COllHTY.
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WHEREAS, COUNTY and CITY previously entered into a Cooperation Agreement,
dated November 24, 1981, in which both parties agreed to cooperate in the
undertaking, or assist in the undertaking, of cOlllUunity development and housing
assistance activities, and
WHEREAS, the CITY has submitted to the COOHTY an application for funding
of a project hereinafter described, and
WHEREAS, the COOHTY bas entered into a separate agreement dated July 24,
1984, with the U. S. Department of Housing and Urban Development (hereinafter
designated as HllD) to fund said project under the Housing and CCllDDWlity 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 Pedenl, State and County laws and regulations
including the attached SPECIAL PlOITISIOHS, identified as EXHIBIT -A-, and all other
attached EXhibits, are part of this Contract.
1. For the PORPCSES CP Tms CXlHTllACT the following definitions shall
apply:
a. Project Manager: The party responsible for, but whose
responSibility is not limited to the following:
Contracting, monitoring and
implementing the project.
b. COnstruction Bid Package: A package of bidding documents which
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includes proposal, bidding instructions, contract dccUlllents, detailed estimated
4 costs and plans and specifications for a construction project all prepared in
5 accordance with applicable federal regulations.
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c. Directors The Director of the Orange COWlty Environmental
7 Management Agency or his designee.
Resolution Number .J~~t:.
8 d. Jleimbuuable Basis. The CITY will provide the funds for the
9 project and submit proof of payment to the COUN'1'Y. whereby upon approval the COVNTY
10 will fm:ward CcIIIImunity Developnent Block Grant (hereinafter referred to as CIJlG)
11 funds to repay the CITY.
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2. It is understood that the CITY is solely responsible for
13 implementation of the project. described as. Public Pacilities and Improvements -
114 Alleys (J13 .1). CITY will utilize CIJlG funds to reconstruct water and sewer lines
15 and to repave the 5th and 7th Street alleys within the CITY's target area, (See map,
16 BllII1BIT -B-).
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3. It is agreed by all parties that the project shall be completed and
18 all funds provided through this contract shall be expended on eligible project
19 activities prior to December 31, 1985. Invoices for all approved project costs
20 funded by the Block Grant under this contract shall be submitted within 180 days
21 after the above date. '1'he date for project completion and expenditure of all funds
22 .ay be extended by the Director through written notification to the CITY. In the
23 event of such an extension. the deadline for Submittal of invoices shall be 180 days
24 after the new CCIIIpletion a&te.
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4. CITY agrees.
a. Any lIIIlendment(s) to this Contract shall be subnitted to and
approved by the CCXIITY. prior to cCllllDencement by CITY of any activity covered by
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b. To be Project Manager for said project and to submit any and all
2 third-party contracts funded through this Contract to tlIRECTOR for review pr ior to
3 avard of such contracts by CITY.
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c. To be responsible for design and inspection. including funding
5 the costs related to those activities. unless funding for design and inspection
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activities is specifically provided for in Section 5.a. of this Contract.
d. To submit the Construction Bid Package for this project to
8 DIRECTOR for review prior to advertising for bids on the construction contract or
9 prior to award of such a contract if an alternative method of award is used. CITY
10 shall not advertise for bids until DIRECTOR has approved Construction Bid Package.
11I,1 CITY shall construct project in accordance with the Construction Bid Package which
12 DIRECTOR approved unless pr ioe wr it.t.en approval is received from DIRECTOR for
13 modification thereof.
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e. ~t all work shall be done in accordance with all applicable
15 CITY regulations.
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Resolution Number ~46f"
f. To maintain accounting records, official files, and other
evidence pertaining to costs incurred as required by all applicable BUD regulations,
and all of these shall be accessible for the purposes of monitoring, surveys, audits
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and examinations by duly authorized representatives of COUNTY or BUD. 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 receipt of BUD CIlBG funds.
g. '!'hat the project shall be completed and maintained for COllDUunity
Development purposes as defined by applicable BUD provisions to ensure maximum
feasible benefit and utilization of the project by low- and lIIDderate-income persons.
h. That DIREC'l'tR, shall periodically monitor the CITY's progress in
complying with the terms of this Contract. CITY shall cooperate fully during such
monitor ings. DIREC'l'tR 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
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of Supervisors may require the CITY to reimburse CXXlN'l'Y any funds that it determines
to be improperly expended or not expended on the project in a timely manner based on
applicable CDBG Program regulations.
i. That if it is determined by BUD that funds were not expended in
compliance with the applicable federal laws and regulations, CITY will refund to
COON'l'Y as soon as practicable such sums as were determined by BUD to have been
improperly expended.
j. 1Ihen the project is completed all unexpended funds remaining
will be returned to the COUNTY as soon as practicable. COUNTY may then allocate
returned funds to another Urban County project(s) at the discretion of the Board of
Supervisors.
k. To assume responsibility for compliance with the California
Environmental Quality Act and to provide COUNTY with necessary information to comply
with the National Environmental Policy Act prior to commencing project
implementation.
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5. Project Funding:
a. The estimated project cost (s) covered by this agreement is:
Land Acquisition
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$
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Design and Inspection
Construction Contract
$75,000.00 (Seventy-five Thousand
Dollars and no/100).
'l'C71'AL
$75,000.00 (Seventy-five '!'housand
Dollars and no/100).
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Resolution Number ~~~
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b. Based on the above estimate, this project will be financed as
follows:
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Block Grant Funds
$75.000.00 (Seventy-five Thousand
Dollars and no/lOO).
TOTAL
$75,000.00 (Seventy-five Thousand
Dollars and no/100).
c. COUNTY shall not be responsible for any costs which exceed the
apprCNed Block Grant amount.
d. 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.
e. 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 DIRECTCIl., that the CITY's financial
management system meets the standards for fund control and accountability prescribed
in Office of Management and Budget Circular Ro. 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(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 5.e. (1) through S,e. (3), CITY shall be paid pursuant to S.d.
f. Reimbursable basis payments, as referred to in section S.d,
above, and cash advances described in S.e. 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, rule~ or regulations of BUD, including
Office of Management and Budget Circular Ro. A-102, the latter shall prevail.
6. Reither C<X1N'l'Y nor any officer nor employee thereof o:hall be respon-
sible for any damage or liability occurring by reason of any actio omission of
CITY or its agents, associates, contractors, subcontractors, mater i. en, laborers,
Resolution Number ~'"
8 or any other persons, firms, or corporations furnishing or supplying work service,
9 materials, or supplies in connection with CITY's performance of this Contract and
10 fram any and all claims and losses accruing or resulting to any persons, firm or
11 corporation for personal injuries or property damage resulting from or as a
12 consequence of, CITY's performance of this Contract under or in connection with any
13 work, authority or jurisdiction delegated to CI1'Y under this Contract. It is also
14 understood and agreed that, pursuant to California Government Code Section 895.4,
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15 CITY shall fully indemnify, defend and hold COUNTY harmless fram any liability
16 imposed for injury las defined by California Government Code Section 810.8)
17 occurring by reason of any action or amission of CITY under or in connection with
18 any work, authority or jurisdiction delegated to CITY under this Contract. CITY
19 shall act in an independent capacity and not as officers, employees or agents of
20 COUNTY .
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7.
Neither CITY nor any officer nor employee thereof shall be
22 responsible for any damage or liability occurring by reason of any action or
23 (Dission of COUNTY, its agents, associates, contractors, subcontractors,
24 materialmen, laborers, or any other persons, firms, or corporations furnishing or
25 supplying work, service, materials, or supplies in connection with COUNTY's.
. 26 performance of this Contract and fram any and all claims and losses accruing or
27 resulting to any persons, firm or corporation for personal injuries or property
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1 under or in connection with any work, authority or jurisdiction delegated to COUtlTY
2 under this Contract. It is also understood and agreed that, pursuant to California
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Government Code Section 895.4, COUNTY shall fully indemnify, defend and hold CITY
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harmless from any liability imposed for injury las 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 officers,
employees or agents of CITY.
8. Where contract funds are withheld, and at the request and expense of
CITY, COUNTY will accept securities equivalent to the aJllOUnt withheld. Such
substituted security, meeting the requirements of Government Code Section 4590,
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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
16 Contract, COUNTY may withhold funds and/or terminate this Contract and allocate
17 funds previously assigned to this Contract to another eligible project Is) within the
18 Urban County.
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Resolution Number ~~,,~
IN WITNESS !HEREOF, CITY bas caused this Contract to be executed ~ its Mayor
llIld attested ~ its Clerk, COUNTY bas caused tbis Contract to be executed ~ the
Chairman of tbe Board of Supervisors and certified ~ Clerk of the Board, all having
been duly authorized ~ the City Council of CITY and the Orange County Board of
Supervisors.
CITY OF SEAL BEACH
Dated: (~I'N I~ I~B~
By ~e~A-----4.~~...-
yor
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A'l"rEST :
C).<".,tm( d
Clty Clerk /
COU!>'TY OF ORANGE, a political subdivision
of the State of California
Dated:
By
Chairman of the Board of Supervisors
COUNTY
SIGNED AND CERTIFIED TllAT A COpy OF
THIS DOCUMENT BAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
21 LINDA D. ROBERTS
Clerk of the Board of Supervisors
22 of Orange County, California
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llPPllDVED AS '1'0 FORM: - /. I' '!
24 ADRIAN KUYPER, County Counsel
ORANGE CXX1N'l'Y, CALIFORNIA
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26 By 4-:.
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28 BlCD'}" 7u~ /fi!}
ItS: bjgoR20-l7
12/04/84
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