1995-1130_ORANGE ,COUNTY OF_Memorandum of Contract No. EC418311
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Contract No.EC41831
• COUNTY OF ORANGE •
ENVIRONMENTAL MANAGEMENT AGENCY
HOUSING AND REDEVELOPMENT 1
PUBLIC SERVICES
(CDBG Program Year XXI)
OF PROJECT: City of San Juan Capistrano - Comm. Service Scholarship Prog.
MEMORANDUM OF CONTRACT entered into this 3n fit. day of A%avt ^,%a✓ 1995,
BY AND BETWEEN City of San Juan Capistrano, a municipal
corporation, in the State of California, and
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'
RECITALS: This Contract is made with reference to the following facts, among others:
WHEREAS, the COUNTY anticipates entering into a separate contract for the period July 1, 1995 -
June 30, 1996 with the United States Department of Housing and Urban Development (HUD) to receive funds
under Title I of the Housing and Community Development Act of 1974 (Public Law 93-838, as amended) for
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the purpose of funding projects meeting one of the HUD national objectives, and
WHEREAS, COUNTY and CITY previously entered into a Cooperation Agreement dated
July 21, 1993 in which both parties agreed to cooperate in the undertaking, or assist in the undertaking,
of community development and housing assistance activities, and
WHEREAS, CITY has submitted to COUNTY an application for funding of a project described
herein, and
WHEREAS, COUNTY adopted its Final Consolidated Plan on June 20, 1995 by Resolution No.
95-443 which sets forth the project described herein, and
WHEREAS, HUD has accepted and certified the aforementioned Final Consolidated Plan.
NOW, THEREFORE, IT IS AGREED by and between the parties that the following provisions as well
as all applicable Federal Regulations including 24 CFR 570.600-612 and appropriate State and County laws and
regulations including the attached GENERAL CONDITIONS, identified as Exhibit "A" and Exhibit "B" are part
of this Contract.
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Contract No.EC41831
I. SCOPE OF SERVI( •
A. ACTIVITIES
CITY will act as PROJECT MANAGER and will be responsible for administering a Year XXI
Community Development Block Grant Public Services project described as follows in a manner
satisfactory to the COUNTY and consistent with any standards required as a condition of providing
these funds:
Project Description
The City of San Juan Capistrano will use CDBG funds to provide low- or moderate -income youth with
non -school recreational and cultural opportunities as part of an overall gang prevention program. Funds
will be used for recreational/educational and other project and support costs.
Such program will include the following activities eligible under the applicable State and Federal regulations
regulating the use of the subject funds:
Program Delivery
Activity No l: Non -School Recreational And Cultural Program
Activity No 2:
Activity No 3:
General Administration: CITY shall provide the oversight, administration and project management
necessary to accomplish all contracted activities.
B. LEVELS OF ACCOMPLISHMENT
In addition to the normal administrative services required as part of this Contract, the CITY agrees to
accomplish the following levels of program services:
Activity Total (services/year)
Activity No 1 55 youths
Activity No 2
Activity No 3
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I . • . Contract No. EC41831
2' C. BUDGET
3 This Contract is for an amount not to exceed $7,500 (Seven thousand five hundred dollars and 00 cents)
4 Funds shall be used for the following eligible costs:
Costs related to partial registration/tuition fees and other project and support costs
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6 D. PERFORMANCE MONITORING
7 The COUNTY will, in accordance with Section IIIA. of this Contract, monitor the performance of the CITY
8 against the goals and performance standards required herein. Substandard performance as determined by
9 COUNTY will constitute non-compliance with this Contract. COUNTY may terminate this Contract
10 pursuant to Section H. of Exhibit A "General Conditions", attached hereto.
11 II. TIME OF PERFORMANCE
12 Services of the CITY shall begin on July 1, 1995 and shall be completed by June 30, 1996. The
13 term of this contract and the provisions herein shall be extended to cover an additional time period as
14 specified in Section V.B. of this Contract.
15 III. PAYMENTS
16 A. CONTRACT AMOUNT
17 It is expressly agreed and understood that the total amount to be paid by the COUNTY under this contract
18 shall not exceed the amount stated in Section I.C. of this Contract. Drawdowns for the payment of eligible
19 expenses shall be made against the eligible cost items specified in Section I.0 herein, and in accordance with
20 Exhibit A attached and shall be accompanied by the required performance reports. Expenses for general
21 administration shall also be paid against the line item budgets specified in paragraph I.C. and in accordance
22 with performance.
23 B. REIMBURSEMENT
24 On a monthly basis CITY may invoice COUNTY for reimbursement of eligible costs (See Exhibit A).
25 Concurrently with its request for the aforementioned funds, CITY shall submit to the COUNTY the
26 following support documentation: (Copies of) paid invoices, receipts, payroll records, bank statements,
27 cancelled checks and other items adequate to document project expenditures. CITY shall also provide a
28 performance report for the time period identified in the aforementioned reimbursement invoice, including
29 Grantee Performance Direct Benefit Activity Information addressing its level of performance Mth each
30 activity undertaken relative to the scope of services set forth in Section L, herein. No payments will be
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1 Contract No.EC4183I
2 authorized if any preceding rriSnth's reports or invoices are outstandin•
3 IV. NOTICES
4 Communication and details concerning this Contract shall be directed to the following Contract
5 representatives:
6 County of Orange
EMA-Housing and Redevelopment
7 1200 North Main Street, Suite 600
Santa Ana, California 92701 Attn: Chief, Grant Management Section
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City of San Juan Capistrano
9 32400 Paseo Adelanto
San Juan Capistrano, CA 92675 Attn: Tom Tomlinson
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V. SPECIAL CONDITIONS
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A. SPECIAL CONDITIONS DEFINITIONS
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For the purposes of this Contract the following definitions shall apply:
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1. PROJECT MANAGER: The party responsible for, but whose responsibility is not limited
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to the following: Contracting, monitoring and implementing the project through completion.
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16 2. DIRECTOR: Director of the Orange County Environmental Management Agency (EMA)
or his designee.
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18 3. REIMBURSABLE BASIS: The CITY will provide the funds for the project and will submit
19 proof of payment to COUNTY, whereupon after approval by COUNTY, COUNTY will repay to the
CITY.
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4. SUBRECIPIENT: The first party to the subject contract, herein referred to as "CITY".
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B. PROJECT FUNDING
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23 1. The project shall be completed and all funds provided through this Contract shall be expended
24 on eligible project activities prior to June 30, 1996. Invoices for approved project costs funded under this
25 Contract shall be submitted within 90 days after the Contract expiration date. The date for project
26 completion and expenditure of all funds may be extended by the DIRECTOR at his sole discretion for up
to six months from the Contract expiration date with written notification to CITY. In the event of such
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28 extension, the deadline for submittal of invoices shall be 90 days after the new completion date. After
29 Contract expiration, all unexpended funds remaining from this Contract may be allocated by COUNTY
to other eligible CDBG projects within the Urban County Program.
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I Contract No.EC41831
2 ' authorized if any preceding Pith's reports or invoices are outstanding.
3 IV. NOTICES
4 Communication and details concerning this Contract shall be directed to the following Contract
5 representatives:
6 County of Orange
EMA-housing and Redevelopment
7 1200 North Main Street, Suite 600
Santa Ana, California 92701 Attn: Chief, Grant Management Section
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City of San Juan Capistrano
9 32400 Paseo Adelanto
San Juan Capistrano, CA 92675 Attn: Tom Tomlinson
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V. SPECIAL CONDITIONS
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A. SPECIAL CONDITIONS DEFINITIONS
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13 For the purposes of this Contract the following definitions shall apply:
1. PROJECT MANAGER: The party responsible for, but whose responsibility is not limited
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to the following: Contracting, monitoring and implementing the project through completion.
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2. DIRECTOR: Director of the Orange County Environmental Management Agency (EMA)
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or his designee.
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18 3. REIMBURSABLE BASIS: The CITY will provide the funds for the project and will submit
19 proof of payment to COUNTY, whereupon after approval by COUNTY, COUNTY will repay to the
CITY.
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4. SUBRECIPIENT: The first party to the subject contract, herein referred to as "CITY".
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B. PROJECT FUNDING
1. The project shall be completed and all funds provided through this Contract shall be expended
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24 on eligible project activities prior to June 30, 1996. Invoices for approved project costs funded under this
75 Contract shall be submitted within 90 days after the Contract expiration date. The date for project
26 completion and expenditure of all funds may be extended by the DIRECTOR at his sole discretion for up
to six months from the Contract expiration date with written notification to CITY. In the event of such
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78 extension, the deadline for submittal of invoices shall be 90 days after the new completion date. After
29 Contract expiration, all unexpended funds remaining from this Contract may be allocated by COUNTY
to other eligible CDBG projects within the Urban County Program.
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1. • • Contract No.EC41831
2 C. CITY agrees:
3 1. That the project shall be implemented and appropriately maintained for Community
4 Development purposes as defined by applicable HUD provisions to ensure maximum feasible benefit
5 and utilization of the project by low- and moderate -income persons.
6 2. That DIRECTOR shall periodically evaluate the CITY's progress in complying with the
7 terms of this Contract. CITY shall cooperate fully during such monitoring. DIRECTOR shall report
8 the findings of each monitoring to the CITY. DIRECTOR may, at his discretion, report said findings
9 to the Orange County Board of Supervisors. If it is determined by the Board of Supervisors that
10 CITY performance or progress on performance is unsatisfactory, the Board of Supervisors may
11 withhold further funding on the project pending resolution of the unsatisfactory condition(s), or may
12 terminate this Contract as prescribed in 24 CFR 85.43 and 85.44. In addition, the Board of
13 Supervisors may require the CITY to reimburse COUNTY any funds that it determines to be
14 improperly expended or not expended on the project in a timely manner based on applicable CDBG
15 Program Regulations.
16 3. That this Contract is conditional upon COUNTY being funded by HUD, and the release of
17 funds to COUNTY. Funds may not be drawndown until this condition has been met.
18 4. That this Contract is also conditional upon complying with HUD Environmental Review
19 under HUD regulations at 24 CFR, Parts 50 and 58 which implement Section 102(2)(c) of the
20 National Environmental Policy Act of 1969 and the California Environmental Qualitye Act.
21 5. To provide requested materials to COUNTY for the Environmental Review process
22 requested by HUD. This process may take up to ninety (90) days.
23 6. That funds may not be drawndown until the required environmental documentation
24 clearance has been issued.
25 7. To maintain records as to services provided and total number of persons served through
26 the project, including percentage of: low income persons and very -low income persons as defined by
27 HUD: persons by ethnicity: female -headed households. Such information shall be available for
28 periodic monitoring by representatives of the County or HUD and shall be subm tted in report form to
29 COUNTY on a quarterly basis.
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I Contract No. EC41831
2 D. MODIFICATIONSPANSFERS
3 1. The CITY shall transfer to COUNTY any CDBG funds on hand at the time of Contract
4 expiration and any accounts receivable attributable to the use of CDBG funds. The CITY shall ensure
5 that any real property under the CITY's control that was acquired or improved in whole or in part with
6 CDBG funds in excess of $25,000 is used to meet one of the national objectives in 24 CFR 570.208
7 until five years after expiration of the contract.
8 E. AMENDMENTS
9 Any amendment to the Contract shall be completed in accordance with Sectin I.G.
10 (Amendments) of Exhibit A attached.
11 F. AUDIT
12 1. CITY shall obtain an annual audit performed in accordance with OMB Circular A-128 and
13 forward a copy to DIRECTOR within 180 days after the end of each accounting year. DIRECTOR
14 shall have the right to ensure that necessary corrective actions are made by the CITY for any audit
15 findings pertinent to CITY handling of funding attributable to the CDBG Program per Federal
16 requirements.
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Contract No. EC41831
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 Director of EMA/Housing
and Redevelopment, all having been duly authorized by the City Council of CITY and the Orange County
Board of Supervisors.
APPROVED AS TO FORM: City of San Juan Capistrano, a municipal corporation in
the State of California
CITY ATT RNEY
Dated: By: ✓��,��- 9
Mayor Date
ATTEST:
Dated: 1113& tcl5
APPROVED AS TO FORM:
COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
JUN - 61995
BS/AB:YRXXI
(6/1/95)
COUNTY OF ORANG
subdivision of the State
By:
Dhongdlrai Pusavat, Director
EMA-Housing and Redevelopment
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ORIGINAL
ANTEE ❑ AUDITOR
CONTROLLER
❑ CLERK OF THE BOARD
DATE: C� -2-0 — /J ITEM NO. F 7
BOARD RESOLUTION NO.
COU yOFORANGE: HOUSING/REDEVELOPh1E.N7
i�� • Exhibit "A" to ANTY/SUBRECIPIENT Contract
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GENERAL CONDITIONS
I. GENERAL PROVISIONS
A. General Compliance
The SUBRECIPIENT agrees to comply with all applicable federal, state and local laws andl
regulations governing the funds provided under this contract.
B. Independent Contractor
Nothing contained in this Contract is intended to, or shall be construed in any manner, as
or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all
times remain an independent contractor with respect to the services to be performed under this Contract. The
COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or
medical insurance and Workers' Compensation Insurance as the SUBRECIPIENT is an independent
contractor.
C. Hold Harmless
The SUBRECIPIENT shall hold harmless, defend and indemnify the GRANTEE from any
claims, actions, suits, charges and judgments whatsoever that arise out of the SUBRECIPIENT's
performance or nonperformance of the services or subject matter called for in this Contract.
D. Workers' Compensation
The SUBRECIPIENT shall provide Workers' Compensation Insurance coverage for all employees
involved in the performance of this contract.
E. Insurance & Bonding
The SUBRECIPIENT shall carry sufficient insurance coverage to protect contract assets from loss
due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond
covering all employees in an amount equal to cash advances from the COUNTY.
The SUBRECIPIENT shall comply with the bonding and insurance requirements of Attachment B
of OMB Circular A-110, Bonding and Insurance.
F. Grantor Recognition
The SUBRECIPIENT shall insure recognition of the role of the grantor agency in
services through this Contract. All activities, facilities and items utilized pursuant to this Contract shall
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Exhibit "A" to COUNTY/SUBRECIPIENT Contract
labeled as to funding source. In addition, the SUBRECIPIENT will include a reference to
provided herein in all publications made possible with funds made available under this Contract.
G. Amendments
COUNTY or SUBRECIPIENT may amend this Contract at any time provided that
make specific reference to this Contract, and are executed in writing, signed by a duly
of both organizations. Such amendments shall not invalidate this Contract, nor relieve
COUNTY or SUBRECIPIENT from its obligations under this Contract. Any proposed amendment to
Contract shall be submitted to and approved by the COUNTY, prior to commencement by COUNTY
activity covered by said amendment.
COUNTY may, in its discretion, amend this Contract to conform with federal, state or
guidelines, policies and available funding amounts, or for other reasons. If such amendments
in a change in the funding, the scope of services, or schedule of, the activities to be undertaken as
this Contract, such modifications will be incorporated only by written amendment signed by a duly
representative of both organizations.
H. Suspension or Termination
In the event of SUBRECIPIENT's failure to comply with the provisions of this Contract
to 24 CFR 85.43 and 85.44, COUNTY may withhold or require SUBRECIPIENT
funds, and/or terminate this Contract, and/or allocate funds previously assigned to this Contract to
project(s) within the Urban County.
Either party may terminate this Contract at any time by giving written notice to the other party
such termination and specifying the effective date thereof at least 30 days before the effective date of such
termination. Partial terminations of the Scope of Service in Paragraph LA above may only be undertaken with
the prior approval of (grantee). In the event of any termination for convenience, all finished or unfinished
documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by
SUBRECIPIENT under this Contract shall, at the option of the COUNTY become the property of the
COUNTY, and SUBRECIPIENT shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents or materials prior to the termination.
COUNTY may also suspend or terminate this Contract, in whole or in part, if
fails to comply with any term of this Contract, or with any of the rules, regulations or
referred to herein; and the COUNTY may declare the SUBRECIPIENT ineligible for any further
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• Exhibit "A" to #NTY/SUBRECIPIENT Contract
in COUNTY contracts, in addition to other remedies as provided by law. In the event there is probable
to believe the SUBRECIPIENT is in noncompliance with any applicable rules or regulations, the COT
may withhold up to fifteen (15) percent of said contract funds until such time as the SUBRECIPIENT is
to be in compliance by the COUNTY, or is otherwise adjudicated to be in compliance.
II. ADMINISTRATIVE REOUIREMENTS
A. Financial Management
1. Accounting Standards
The SUBRECIPIENT agrees to comply with Attachment C of OMB Circular A-110 and
adhere to the accounting principles and procedures required therein, utilize adequate internal controls,
necessary source documentation for all costs incurred.
2. Cost Principles
The SUBRECIPIENT shall administer its program in conformance with OMB Circulars
A-122, "Cost Principles for Non -Profit Organizations," or A-21, "Cost Principles for
Institutions," as applicable; (and if the SUBRECIPIENT is a governmental or quasi -governmental agency,
applicable sections of 24 CFR Part 85, "Uniform Administrative Requirements for Grants and
I basis.
to State and Local Governments,") for all costs incurred whether charged on a direct or
B. Documentation and Record-Keeoine
1. Records to be Maintained
The SUBRECIPIENT shall maintain all records required by the federal regulations specified in
24 CFR Parts 570.503(b)(2), 570.506, 570.5078 and that are pertinent to the activities to be funded under this
Contract. Such records shall include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of the National Objectives
of the CDBG program;
c. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or disposition of real
property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunity components
of the CDBG program;
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Exhibit "A" to COL.ITY/SUBRECIPIENT Contract
f. Financial records as required by 24 CFR Part 570.502, and OMB Circular A-110; and
g. Other records necessary to document compliance with Subpart K of 24 CFR 570.
These records shall be kept available at SUBRECIPIENT's office during the project's contract
and thereafter for three (3) years from the date SUBRECIPIENT receives final payment from this contract.
2. Retention
The SUBRECIPIENT shall retain all records pertinent to expenditures incurred under this
contract for a period of three (3) years after the termination of all activities funded under this Contract, or
resolution of all Federal audit findings, which ever occurs later. Records for non -expendable
with funds under this Contract shall be retained for three (3) years after final disposition of
Records for any displaced person must be kept for three (3) years after he/she has received
3. Client Data
The SUBRECIPIENT shall maintain client data demonstrating client eligibility for
Such data shall include, but not be limited to, client name, address, income level or other basis for
g eligibility, and description of service provided. Such information shall be made available to
monitors or their designees for review upon request.
4. Property Records
The SUBRECIPIENT shall maintain real property inventory records which clearly
purchased, improved or sold. Properties retained shall continue to meet eligibility criteria and
with the "changes in use" restrictions specified in 24 CFR Parts 570.503(b)(8).
5. National Objectives
The SUBRECIPIENT agrees to maintain documentation that demonstrates that the activities
carried out with funds provided under this Contract meet one or more of the CDBG program's national
objectives: 1) benefit low/moderate income persons, 2) aid in the prevention or elimination of slums or
blight, 3) meet community development needs having a particular urgency - as defined in 24 CFR Part
570.208.
6. Close -Outs
SUBRECIPIENT obligation to the COUNTY shall not end until all close-out requirements are
Activities during this close-out period shall include, but are not limited to; making final
disposing of program assets (including the return of all unused materials, equipment, unspent cash advances,
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• Exhibit "A" to CCTCTNTY/SUBRECIPIENT Contract
1 program income balances, and receivable accounts to the COUNTY and determining the custodianship
2 records.
3 7. Audits & Inspections
4 All SUBRECIPIENT records with respect to any matters covered by this Contract shall be
5 made available to the COUNTY, grantor agency, their designees or the Federal Government, at any time
6 during normal business hours, as often as the COUNTY or grantor agency deems necessary, to audit,
7 examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be
8 fully cleared by the SUBRECIPIENT with 30 days after receipt by the SUBRECIPIENT. Failure of the
9 SUBRECIPIENT to comply with the above audit requirements will constitute a violation of this Contract and
10 may result in the withholding of future payments. The SUBRECIPIENT hereby agrees to have an annual
11 agency audit conducted in accordance with current COUNTY policy concerning SUBRECIPIENT audits.
12 C. Reporting _to d Payment Procedures
13 1. Budgets
14 The SUBRECIPIENT will submit a detailed contract budget of a form and content prescribed
15 by the COUNTY for approval by the COUNTY. The COUNTY and the SUBRECIPIENT may agree to
16 revise the budget from time to time in accordance with existing COUNTY policies.
17 2. Program Income
18 The SUBRECIPIENT shall report quarterly all program income as defined at 24 CFR
19 570.500(a) generated by activities carried out with CDBG funds made available under this Contract. The use
20 of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504.
21 By way of further limitation, the SUBRECIPIENT may use such income during the contract period for
22 activities permitted under this Contract and shall reduce request for additional funds by the amount of any such
23 program income balances on hand. All unused program income shall be returned to the COUNTY at the end
24 of the contract period. Any interest earned on cash advances from the U.S. Treasury is not program income
25 and shall be remitted promptly to the COUNTY.
26 Program income generated from cash advance and/or the mere holding of CDBG funds must
27 be paid to the COUNTY per 24 CFR 570.504(c) for subsequent return to HUD.
28 Any program income generated from the sale, transfer or change in the use of assets (e.g. real
29 property) acquired or improved in whole or in part by CDBG funds must be returned to the COUNTY in
30 proportion to the CDBG contribution thereof.
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Exhibit "A" to COLrvTY/SUBRECIPIENT Contract
1 The SUBRECIPIENT may retain all program income only if that program income is used
2 exclusively for eligible activities, subject to the "DIRECTOR's" review, and in accordance with all CDBG
3 requirements as may then apply.
4 SUBRECIPIENT shall keep and maintain appropriate records on the use of any such program
5 income as may be required by EMA staff since the COUNTY has the responsibility of monitoring and
6 reporting program income to HUD.
7 In the event of SUBRECIPIENT close-out or change in status of the participating
8 SUBRECIPIENT in the Urban County CDBG Program, any program income at that time or received
9 subsequent to the close-out or change in status shall be paid by SUBRECIPIENT to the COUNTY within 90
10 days thereafter.
11 3. Indirect Costs
12 If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost allocation plan
13 for determining the appropriate COUNTY share of administrative costs and shall submit such plan to the
14 COUNTY for approval.
15 4. Payment Procedures
16 a. The COUNTY will pay to the SUBRECIPIENT funds available under this Contract based
17 upon information submitted by the SUBRECIPIENT and consistent with any approved budget and COUNTY
18 policy concerning payments. With the exception of certain advances, payments will be made for eligible
19 expenses actually incurred by the SUBRECIPIENT, and not to exceed actual cash requirements. Payments
20 will be adjusted by the COUNTY in accordance with advance fund and program income balances available in
21 SUBRECIPIENT accounts. In addition, the COUNTY reserves the right to liquidate funds available under
22 this Contract for costs incurred by the COUNTY on behalf of the SUBRECIPIENT.
23 a. Payment by the COUNTY to SUBRECIPIENT shall be on a reimbursable basis unless
24 SUBRECIPIENT has been authorized and issued a cash advance at the discretion of the DIRECTOR under
25 this Contract.
26 b. The SUBRECIPIENT is permitted one (1) cash advance under this Contract and it may be
27 made by the DIRECTOR to SUBRECIPIENT if the following conditions are met:
28 (1) SUBRECIPIENT has demonstrated to DIRECTOR through certification in a form
29 prescribed by DIRECTOR and subsequently through performance, its willingness and capacity to establish
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• Exhibit "A" to *JNTY/SUBRECIPIENT Contract
SUBRECIPIENT financial procedures that will minimize the time elapsing between the receipt of funds
proper disbursement of such funds.
(2) SUBRECIPIENT certifies to DIRECTOR, that SUBRECIPIENT's
system meets the standards for fund control and accountability as directed in 24 CFR
a governmental Subrecipient, and 24 CFR 570.502(b), if a non-governmental recipient; and as prescribed
of Management and Budget Circular A-87, if a governmental Subrecipient, and Office of
and Budget Circulars A-122 and A-21 if a non-govemmental Subrecipient, as periodically amended.
(3) SUBRECIPIENT complies with EMA financial cash advance procedures as defined
by HUD in 24 CFR 85.21 Payment regulations and the United States Treasury regulations described in 31
Part 205. These procedures require that upon written receipt of funds from the COUNTY
SUBRECIPIENT 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 DIRECTOR.
c. If SUBRECIPIENT is subsequently found, by DIRECTOR, to be in noncompliance with
Section 6.b.(1) through Section 6.b.(3), SUBRECIPIENT shall in the future be paid on a reimbursable basis.
d. Reimbursable basis payments, as referred to in Section 6.a. and/or cash advance described
in Section 6.b. shall be made in accordance with EMA financial procedures. In the event of conflict between
EMA financial procedures and any applicable statutes, rules or regulations of HUD, including Office of
Management and Budget Circular No. A-87, if a governmental Subrecipient, and Office of Management
Budget Circular's A-122 and A-21, if a non-governmental, the latter shall prevail.
Where contract funds are withheld, and at the request and expense of SUBRECIPIENT,
COUNTY will accept securities equivalent to the amount withheld. Such substituted security, meeting the
of Government Code Section 4590, shall be deposited with COUNTY, or with a State
Federally chartered bank as escrow agent. If security is deposited with an escrow agent, it shall be covered by
an escrow agreement.
5. Progress Reports
The SUBRECIPIENT shall submit regular Progress Reports to the COUNTY in the form,
and frequency as required by the COUNTY.
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Exhibit "A" to COU,N TY/SUBRECIPIENT Contract
D. Procurement
1. Compliance
The SUBRECIPIENT shall comply with current COUNTY policy concerning the purchase
and shall maintain an inventory record of all non -expendable personal property as defined by
as may be procured with funds provided herein. All program assets (unexpended program income,
, equipment, etc.) shall revert to the COUNTY upon termination of this Contract.
2. OMB Standards
The SUBRECIPIENT shall procure materials in accordance with the requirements
-nt O of OMB Circular A-110. Procurement Standards, and shall subsequently follow Attachment N,
Management Standards, covering utilization and disposal of property.
3. Travel
The SUBRECIPIENT shall obtain written approval from the COUNTY for any travel outside
the metropolitan area with funds provided under this Contract.
4. Relocation. Acquisition and Displacement
The SUBRECIPIENT agrees to comply with 24 CFR 570.606 relating to the acquisition
disposition of all real property utilizing grant funds, and to the displacement of persons, businesses,
nonprofit organizations and farms occurring as a direct result of any acquisition of real property utilizing grant
funds. The SUBRECIPIENT agrees to comply with applicable COUNTY Ordinances, Resolutions, and
Policies concerning displacement of individuals from their residences.
III. PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 as
amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 109 of the Title I of the Housing and
Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive
Order 11246 as amended by Executive Orders 11375 and 12086.
2. Nondiscrimination
The SUBRECIPIENT will not discriminate against any employee or applicant for
because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital
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• Exhibit "A" to MUNTY/SUB RECIPIENT Contract
status, or status with regard to public assistance. The SUBRECIPIENT will take affirmative action to insure
that all employment practices are free from such discrimination. Such employment practices include but are
not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff, termination, rates of pay or other forms of compensation, and selection for training, including
apprenticeship. The SUBRECIPIENT agrees to post in conspicuous places, available to employees and
for employment, notices to be provided by the contracting agency setting forth the provisions of
clause.
3. Section 504
The SUBRECIPIENT agrees to comply with any federal regulations issued pursuant
with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 706) which
against the handicapped in any federally assisted program. The COUNTY shall provide
with any guidelines necessary for compliance with that portion of the regulations in
the term of this Contract.
B. Affirmative Action
1. Approved Plan
The SUBRECIPIENT agrees that it shall be committed to cant' out pursuant to the COUNTY
specifications an Affirmative Action Program in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1985. The (Grantee) shall provide Affirmative Action guidelines to
the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan
for an Affirmative Action Program for approval prior to the award of funds.
I:
The SUBRECIPIENT will use its best efforts to afford minority and women -owned
the maximum practicable opportunity to participate in the performance of this Contract. As used
contract, the term "minority and female business enterprise" means a business at least fifty-one (5
owned and controlled by minority group members or women. For the purpose of this
group members" are Afro-Americans, Spanish speaking, Spanish surnamed or
Asian -Americans, and American Indians. The Subrecipient may rely on written representations
investigation.
regarding their status as minority and female business enterprises in lieu of an independent
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Exhibit "A" to COL.. fY/SUBRECIPIENT Contract
3. Access to Records
The SUBRECIPIENT shall furnish and cause each of its sub-SUBRECIPIENTs to furnish ald
information and reports required hereunder and will permit access to its books, records and accounts by they
COUNTY, HUD or its agents, or other authorized federal officials for purposes of investigation to ascertain
compliance with the rules, regulations and provisions stated herein.
4. Notifications
The SUBRECIPIENT will send to each labor union or representative of workers with which itl
has a collective bargaining Contract or other contract or understanding, a notice, to be provided by the agency
contracting officer, advising the labor union or worker's representative of the SUBRECIPIENT's
commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
5. EEO/AA Statement
The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or ons
behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer.
6. Subcontract Provisions
The SUBRECIPIENT will include the provisions of Paragraphs VIII A, Civil Rights, and B,j
Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such
provisions will be binding upon each subSUBRECIPIENT or vendor.
C. Employment Restrictions
1. Prohibited Activity
The SUBRECIPIENT is prohibited from using funds provided herein or personnel employed
in the administration of the program for political activities, sectarian, or religious activities; lobbying, political)
patronage, and nepotism activities.
2. OSHA
Where employees are engaged in activities not covered under the Occupational Safety and
Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings
or surroundings or under working conditions which are unsanitary, hazardous or dangerous to they
participants' health or safety.
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• Exhibit "A" to (AUNTY/SUBRECIPIENT Contract
3. Labor Standards
The SUBRECIPIENT agrees to comply with the requirements of the Secretary of Labor
accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours, the
Act, the Copeland "Anti -Kickback" Act (40 U.S.C. 276, 327-333) and all other applicable
to and local laws and regulations pertaining to labor standards insofar as those acts apply to the perfotma
this Contract. The SUBRECIPIENT shall maintain documentation which demonstrates compliance N
ur and wage requirements of this part. Such documentation shall be made available to the COUNTY
view upon request.
The SUBRECIPIENT agrees that, except with respect to the rehabilitation or construction
property designed for residential use for less than eight (8) households, all contractors
contracts in excess of $2,000.00 for construction, renovation or repair of any building or work
in whole or in part with assistance provided under this contract, shall comply with federal requirements
adopted by the COUNTY pertaining to such contracts and with the applicable requirements of the regulations
of the Department of Labor, under 29 CFR, Parts 3, 1, 5 and 7 governing the payment of wages and ratio of
apprentices and trainees to journeymen; provided, that if wage rates higher than those required under the
regulations are imposed by state or local law, nothing hereunder is intended to relieve the SUBRECIPIENT of
its obligation, if any, to require payment of the higher rate. The SUBRECIPIENT shall cause or require to be
inserted in full, in all such Contracts subject to such regulations, provisions meeting the requirements of this
for such Contracts in excess of $10,000.00.
4. "Section 3" Clause
a. Compliance
Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135,
all applicable rules and orders issued hereunder prior to the execution of this Contract, shall be a condition of,
the federal financial assistance provided under this Contract and binding upon the COUNTY, the
SUBRECIPIENT and any subSUBRECIPIENTs. Failure to fulfill these requirements shall subject the
COUNTY, the SUBRECIPIENT and any subSUBRECIPIENTs, their successors and assigns, to those
sanctions specified by the Contract through which federal assistance is provided. The SUBRECIPIENT
certifies and agrees that no contractual or other disability exists which would prevent compliance with
requirements.
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Exhibit "A" to COU.i TY/SUBRECIPIENT Contract
The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to
the following language in all subcontract executed under this Contract.
"The work to be performed under this Contract is a project assigned under a
direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701. Section 3 requires that to
extent feasible opportunities for training and employment be given to lower income residents of
area and contracts for work in connection with the project be awarded to business concerns which
located in, or owned in substantial part by persons residing in the areas of the project."
The SUBRECIPIENT certifies and agrees that no contractual or other disability
which would prevent compliance with the requirements.
b. Notifications
The SUBRECIPIENT agrees to send to each labor organization or representative
workers with which it has a collective bargaining Contract or other contract or understanding, if any, a notice)
advising said labor organization or worker's representative of its commitments under this Section 3 clause and
shall post copies of the notice in conspicuous places available to employees and applicants for employment or
training.
c. Subcontracts
The SUBRECIPIENT will include Section 3 clause in every subcontract and will take
appropriate action pursuant to the subcontract upon a finding that the subSUBRECIPIENT is in violation of
regulations issued by the Grantor Agency. The SUBRECIPIENT will not subcontract with any
subSUBRECIPIENT where it has notice or knowledge that the latter has been found in violation of
regulations under 24 CFR 135 and will not let any subcontract unless the subSUBRECIPIENT has first
provided it with a preliminary statement of ability to comply with the requirements of these regulations.
1. Assignability
The SUBRECIPIENT shall not assign or transfer any interest in this Contract without the
written consent of the COUNTY thereto; provided, however, that claims for money due or to become due to
SUBRECIPIENT from the COUNTY under this Contract may be assigned to a bank, trust company,
financial institution without much approval. Notice of any such assignment or transfer shall
furnished promptly to the COUNTY.
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. Exhibit "A" to WTNTY/SUB RECIPIENT Contract
2. Hatch Act
The SUBRECIPIENT agrees that no funds provided, nor personnel employed under
Contract, shall be in any way or to any extent engaged in the conduct of political activities in violation
15 of Title V United State Code.
3. Conflict of Interest
The SUBRECIPIENT agrees to abide by the provisions of 24 CFR 570.611 with respect to
of interest, and covenants that if presently has no financial interest and shall not acquire any financial
interest, direct or indirect, which would conflict in any manner or degree with the performance of services
required under this Contract. The SUBRECIPIENT further covenants that in the performance of this Contract)
no person having such a financial interest shall be employed or retained by the SUBRECIPIENT hereunder.
These conflict of interest provisions apply to any person who is a employee, agent, consultant, officer, or
elected official or appointed official of the COUNTY or of any designated public agencies or
SUBRECIPIENTs which are receiving funds under the CDBG Entitlement program.
4. Subcontracts
a. Approvals
The SUBRECIPIENT shall not enter into any subcontracts with any agency or
in the performance of this Contract without the written consent of the COUNTY prior to the execution of such
Contract.
b. Monitoring
The SUBRECIPIENT will monitor all subcontracted services on a regular basis to assure
contract compliance. Result of monitoring efforts shall be summarized in written reports and supported with
documented evidence of follow-up actions taken to correct areas of the noncompliance.
c. Content
The SUBRECIPIENT shall cause all of the provisions of this Contract in its entirety to be
included in and made a part of any subcontract executed in the performance of this Contract.
d. Section Process
The SUBRECIPIENT shall undertake to insure that all subcontracts let in the performance
of this Contract shall be awarded on a fair and open competition basis. Executed copies of all subcontracts
shall be forwarded to the COUNTY along with documentation concerning the selection process.
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5. Copyright
If this contract results in any copyrightable material, the COUNTY and/or grantor agency
reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwide use
and to authorize others to use, the work for government purposes.
6. The SUBRECIPIENT agrees that funds provided under this contract will not be utilized for
religious activities, to promote religious interest, or for the benefit of a religious organization in accordance
with the federal regulations specified in 24 CFR 570.2000).
6. Reli iogt us Organization
The Subrecipient agrees that funds provided under this contract will not be utilized for religious
activities, to promote religious interests, or for the benefit of a religious organization in accordance with the
federal regulations specified in 24 CFR 570.2000).
IV. ENVIRONMENTAL CONDITIONS
A. Air and Water
The SUBRECIPIENT agrees to comply with the following regulations insofar as they apply to the
performance of this Contract:
o Clean Air Act, 42 U.S.C., 1857, et seq.
o Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended
1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements
specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder.
o Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R, Part 50, as
o National Environmental Policy Act of 1969.
o HUD Environmental Review Procedures (24 CFR, Part 58).
o California Environmental Quality Act
B. Flood Disaster Protection
The SUBRECIPIENT agrees to comply with the requirements of the Flood Disaster Protection
I of 1973 (P.L. 2234) in regard to the sale, lease or other transfer of land acquired, cleared or improved
the terms of this contract, as it may apply to the provisions of this contract.
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• Exhibit "A" to WTY/SUBRECIPIENT Contract
1 C. Lead -Based Paint
2 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
3 assistance provided under this contract shall be subject to HUD Lead -Based Paint Regulations at 24 CFR
4 570.608, and 24 CFR Part 35, and in particular Sub -Part B thereof. Such regulations pertain to all HUD -
5 assisted housing and require that all owners, prospective owners, and tenants or properties constructed prior
6 to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point
7 out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken
8 when dealing with lead-based paint poisoning.
9 D. Historic Preservation
10 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
11 National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36
12 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties,
13 insofar as they apply to the performance of this contact.
14 In general, this requires concurrence from the State Historic Preservation Officer for all
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16 Federal, State, or local historic property list.
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(05/23/95)
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CBoundary SCALE: 7'-3300'
Census
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\� SAN JUAN CAPISTRANO
Hcusing 3 Redevelopment ENVIRONMENT -AL MANAGEMENT AGENCY
0 0
As set forth in the Report dated September 5, 1995, from the Planning Director, the Mayor
was authorized to execute the following CDBG/HOME Year XXI grant contracts on behalf
of the City in the total amount of $207,500:
Contract No. EC41807 in the amount of $100,000 for housing rehabilitation;
—�/ 2. Contract No. EC41831 in the amount of $7,500 for youth scholarships;
Contract No. EC41843 in the amount of $100,000 for single-family
rehabilitation.
The following items were removed from the Consent Calendar and considered separately.
10 Wis) W6111
:00
Written Commurucatioq:
Report dated September 5, 1995, from Douglas Dumhart, Management Analyst II,
recommending that freeway signage be modified to assist local businesses, as recommended
by the Business Task Force.
Council Member Hart noted that Caltrans did not approve six out of the 17 signs submitted
for approval and requested that this item be continued to receive an update from staff.
Council Member Campbell requested that staff provide clarification as to the reasons for
Caltrans' opposition to the six signs. Mayor Nash also requested that staff provide the
Council with a list of signs that will continue to remain, new signs proposed, and sign
modifications.
Continuation of Item:
It was moved by Council Member Jones, seconded by Council Member Hart, and
unanimously carried that this item be continued to the meeting of October 3, 1995, for further
clarification.
• : • •:MeW •• ► M ':•• •e
Written Communications:
(1) Report dated September 5, 1995, from the Planning Director, recommending that the
request by Valencia Productions be approved to conduct a cultural festival and
concert on the City's Northwest Open Space property on September 16, 1995, subject
to approval of a Special Activities Permit.
City Council Minutes -5- 9/5/95
0
AGENDA ITEM
TO: George Scarborough, City Manager
FROM: Thomas Tomlinson, Planning Director
September 5, 1995
SUBJECT: Authorization to Execute Contracts for Receipt of CDBG and HOME Grants
Rtmolu'10131a1
By Motion, authorize the Mayor to sign on behalf of the City the attached grant contracts in the
cumulative amount of $207,500.00 for rehabilitation of low income household residences and
disadvantage youth scholarships.
SITUATION
A. APPLICANT
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
B. SUMMARY AND RECOMMENDATION - In November of this past year the City as
part of the CDBG/HOME grant application process submitted a number of projects and
funding request to the County of Orange for their consideration which included housing
rehabilitation funding and youth scholarships. After going through further reviews and
competition with other grant requests, the City has been awarded grant funding for housing
rehabilitation and disadvantage youth scholarships in the cumulative amount of $207,500.00.
As general information grant funding is based upon the merits of the request and are not
allocated to City based upon any formulas.
As the City Council is aware, the housing rehabilitation grants have been a recurring funding
program over many years. A year ago, the City had applied and was granted $7,500 for a
scholarship program to help provide access to children of low income families to participate
in non -school sponsored recreation and cultural events. These funds were in addition to those
that we receive for housing rehabilitation. This year we made a similar grant request and
received continued funding for both housing rehabilitation grants and the youth scholarship
program. The grant funding is broken down as shown on the following page.
FOR CITY COUNCIL AGEN J //
AGENDA ITEM -2- September 5, 1995
Contract No. EC41807 $100,000 (Housing Rehabilitation)
Contract No. EC41831 $ 7,500 (Youth Scholarships)
Contract No. EC41843 $100,000 (Single Family Rehabilitation)
Attached are the subject contracts associated with each grant category. Staff recommends that
the City Council authorize the Mayor to execute the contracts.
None required. The application submittal was reviewed previously by the specially appointed
Application Committee (1994), the Planning Commission and the City Council in November 1994.
The residents of this City will be the direct beneficiaries of these grant funds. $200,000.00 is
designated for housing rehabilitation of structures occupied by low income households. $7,500 has
been designated to support non -school related recreation and cultural events for children from low
income families. Administrative cost to the City for conducting these programs are a grant
expenditure subject to specified limitations.
PUBLIC NOTIFICATION
A public hearing is not required for this item.
ALTERNATE ACTIONS
Authorize the Major to sign the applicable contracts for grant funds.
Do not authorize the Mayor to sign the applicable contracts for grant funds.
3. Continue the item and direct staff to return with further information on specific issues.
0
AGENDAITEM
1
-3- September 5, 1995
By Motion, authorize the Mayor to execute on behalf of the City the attached CDBG/HOME
contracts.
Respectfully submitted,
�
Thomas Tomlinson,
Planning Director
Attachments: Contract No. EC41807 (CDBG Grant of $100,000)
Contract No. EC41831 (CDBG Grant of $7,500)
Contract No. EC41843 (HOME Grant of $100,000)
cdbg9.5
0
DIIYO YfE
1s
September 6, 1995
Chief, Grant Management Section
Orange County EMA
Housing & Redevelopment Function
1200 North Main, Suite 600
Santa Ana, California 92701
ase„ s
MIMS.I, 1961
1776
Re: Community Development Block Grant and HOME Contracts
MEMBERS OF THE CRY COUNCIL
COLLENE CMPBELL
WATT HART
OIL JONES
CAROLYN NASH
DAVID SWEROUN
CRY MANAGER
GEORGE SCARBOROUGH
At their meeting of September 5, 1995, the City Council of the City of San Juan Capistrano
approved the following three contracts with the County for Community Development Block
Grant and HOME funds:
1. Contract No. EC41807 for CDBG Program Year XXI in the amount of
$100,000 for Housing Rehabilitation;
2. Contract No. EC41831 for CDBG Program Year XXI in the amount of $7,500
for Youth Scholarships'
3. Contract No. EC41843 for HOME Program Year XXI in the amount of
$100,00 for Single Family Rehabilitation.
One copy with 4 additional signature pages of each Contract has been signed by the City
and are enclosed. Upon approval of the Board of Supervisors, please return one fully -
executed copy to the City Clerk's office.
Thank you for your cooperation. If I can be of further assistance, I can be reached at
443-6308.
Very truly yours,
Cheryl Joh n
City Clerk
Enclosure
cc: Planning Director (with copies of Contracts)
32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 • (714) 493 -IM