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1994-0224_ORANGE, COUNTY OF_Contract AmdContract No. C40937 COUNTY OF ORANGE ENVIRONMENTAL MANAGEMENT AGENCY 1 HOUSING AND REDEVELOPMENT CONTRACT 2 TITLE OF PROJECT: City of San Juan Capistrano: Public Facilities and Improvements - Lacouague Community Building, Old Fire Station Complex (P12.50) Yr. XVI 3 ��� AMENDMENT OF CONTRACT entered into this Ay of �, . 19 41 4 BY AND BETWEEN 5 CITY OF SAN JUAN CAPISTRANO, a municipal 6 corporation, hereinafter referred to as CITY, 7 and 8 COUNTY OF ORANGE, a political subdivision of the State of California and recognized Urban County under 9 the Federal Housing and Community Development Act of 1974 (Public Law 93-383), as amended, hereinafter 10 referred to as COUNTY. 11 WITNESSETH 12 13 WHEREAS, the parties hereto previously entered into Public Facilities and Improvements, Lacouague 14 Community Building, Old Fire Station Complex project Contract C40937 for Twenty-five Thousand Dollars 15 and no/100 ($25,000), dated January 8, 1991, for design phase for rehabilitation of Lacouague Community 16 Building, Old Fire Station Complex located at 31421 La Matanza Street, pursuant to the Housing and 17 Community Development Act of 1974 (Public Law 93-383) as amended, and 18 WHEREAS, the CITY has submitted to the COUNTY a request for amendments to Contract C40937 19 to allow for the remaining Seventeen Thousand Six Hundred Ninety-two dollars and 161100 ($17,692.16) to 20 be used for design costs and construction of improvements of the Lacouague Community Building, Old Fire 21 Station Complex Public Facilities and Improvements, and 22 NOW THEREFORE, the above Contract No. C40937 is hereby amended as follows: 23 A. Contract Deletions: 24 Page 2 lines 19 to 24 25 The City of San Juan Capistrano will utilize CDBG funds for the design phase for rehabilitation of 26 Lacouague Community Building, Old Fire Station Complex, located at 31421 La Matanza Street. Project 27 28 -1- n Contract No. C40937 improvements include conversion of garage space into class and meeting rooms, expansion of storage areas 1 and redesign of office space; and conversion of garage into a classroom. 2 B. The following shall be substituted in place of the above: 3 Page 2 lines 19 to 24 4 The City of San Juan Capistrano will utilize CDBG funds for design costs in accordance with 5 the American Disabilities Act and rehabilitation costs of Lacouague Community Building, Old Fire Station 6 Complex, located at 31421 La Matanza Street. Project improvements include conversion of garage space into 7 class and meeting rooms, expansion of storage areas and redesign of office space. 6 C. Contract Deletions: 9 Page 2 lines 26 to 28 10 It is agreed by all parties that the project shall be completed and all funds provided through this 11 Contract shall be expended on eligible project activities prior to December 31, 1991. 12 D. The following shall be substituted in place of the above: 13 Page 2 lines 26 to 28 14 It is agreed by all parties that the project shall be completed and all funds provided through this 15 Contract shall be expended on eligible project activities prior to December 31, 1994. 16 E. Contract Deletions: 17 Page 5 lines 14 to 17 18 Design $25,0KQQ (Twenty-five Thousand Dollars and no/100). 19 Total CDBG Funds $25,000.00 (Twenty-five Thousand Dollars and no/100). 20 F. The following shall be substituted in place of the above: 21 Page 5 lines 14 to 17 22 Design $ 2,500.00 (Two Thousand Five Hundred Dollars and no/100). 23 Construction $15.192.16 (Fifteen Thousand One Hundred Ninety-two 24 dollars and 16/100). 25 Total CDBG Funds $17,692.16 (Seventeen Thousand Six Hundred Ninety-two 26 Dollars and 16/100). 27 28 -2- 3 0 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Contract No. C40937 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. CITY OF SAN AN CAF TRANO Dated: �l/�� BY; ,,,Mayor ATTEST. COUNTY OF ORANGE, a political subdivision of the State of California Dated: Pusavat, Director, EMA-Housing and Redevelopment APPROVED AS TO FORM: TERRY ANDRUS, COUNTY COUNSEL ORANGE COUNTY CALIFORNIA By: Dated: MC:dscGM3 2811 -3- • • Contract No. C40937 COUNTY OF ORANGE ENVIRONMENTAL MANAGEMENT AGENCY HOUSING AND COMMUNITY DEVELOPMENT CONTRACT 1 TITLE OF PROJECT: City of San Juan Capistrano: Public Facilities and Improvements - Lacouague Community Building, Old Fire Station Complex (R12.50) Yr. X 2 MEMORANDUM OF CONTRACT entered into this L day of_, V 3 199) . 4 BY AND BETWEEN 5 CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as CITY, 6 and 7 COUNTY OF ORANGE, a political subdivision of the 8 State of California and recognized Urban County under the Federal Housing and Community 9 Development Act of 1974 (Public Law 93-383), as amended, hereinafter referred to as COUNTY. 10 11 WHEREAS, COUNTY and CITY previously entered into a Cooperation Agreement 12� dated September 5, 1990, 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 COUNTY an application for funding 16 of a project hereinafter described, and 17 WHEREAS, the COUNTY adopted the FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE 18 OF FUNDS on May 16, 1990 (Resolution No. 90-679) which sets forth the project described 19 herein, and 20 WHEREAS, the U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT has accepted and 21 certified the aforementioned FINAL STATEMENT, and 22 WHEREAS, the COUNTY has entered into a separate agreement dated 23 August 7, 1990 with the U.S. Department of Housing and Urban Development (hereinafter 24i referred to as HUD) to fund said project under the Housing and Community Development Act 25 of 1974 (Public Law 93-383), as amended. 26 NOW, THEREFORE, IT IS AGREED by and between the parties that the following 27 provisions as well as all applicable Federal, State and County laws and regulations 28 including the attached SPECIAL PROVISIONS, identified as EXHIBIT "A", are part of this � -1- 1 2 3 4, 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 aContract No. C40937 (Contract. 1. For the PURPOSES OF THIS CONTRACT the following definitions shall i apply: a. Project Manager: The party responsible for, but whose responsibility is not limited to the following: Contracting, monitoring and implementing the project through completion. b. Director: The Director of the Orange County Environmental Management Agency (hereinafter referred to as EMA) or his designee. C. Reimbursable Basis: The CITY will provide the funds for the project and submit proof of payment to the COUNTY, whereby upon approval, the COUNTY will forward Community Development Block Grant (hereinafter referred to as CDBG) funds to repay the CITY. d. Construction Bid Package: A package of bidding documents which includes proposal, bidding instructions, contract documents, detailed estimated costs and plans and specifications for a construction project, all prepared in accordance with applicable Federal regulations. 2. it is understood that the CITY will act as PROJECT MANAGER for the project described as: The City of San Juan Capistrano: Public Facilities and Improvement - Lacouague Community Building, Old Fire Station Complex (P12.50) Year XVI. The City of San Juan Capistrano will utilize CDBG funds for the design phase for rehabilitation of Lacouague Community Building, Old Fire Station complex, located at 31421 La Matanza Street. Project improvements include conversion of garage space into class and meeting rooms, expansion of storage areas and redesign of office space; and conversion of garage into a classroom. Project will benefit low- and moderate -income residents within the area (see attached map, EXHIBIT "B", which is part of this Contract). 3. It is agreed by all parties that the project shall be completed and all funds provided through this Contract shall be expended on eligible project activities prior to December 31, 1991. Invoices for all approved project costs funded by the Block -2- 1 2 3 4i 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Contract No. C40930 Grant under this Contract shall be submitted within 180 days after the above date. The date for project completion and expenditure of all funds may be extended at the discretion of the DIRECTOR, on a year -by -year basis up to a maximum period of five (5) total years, through written notification to the CITY. In the event of such an extension, the deadline for submittal of invoices shall be 180 days after the new completion date. After Contract expiration, all unexpended funds remaining from this Contract may be allocated by the COUNTY to another eligible project(s) within the Urban County CDBG Program. 4. CITY agrees: a. Any proposed amendment to this Contract shall be submitted to and approved by the COUNTY, prior to commencement by CITY of any activity covered by said amendment. b. To submit any and all third -party contracts proposed for funding througt this Contract to DIRECTOR for review and approval prior to award of such contracts by CITY. C. To comply with CDBG Program Regulations, as may be periodically revised by HUD, Office of Management and Budget, or other Federal agencies, and including laws and policies applicable to the CDBG Program. d. That the project shall be implemented and appropriately maintained for Community Development purposes as defined by applicable HUD provisions to ensure maximus feasible benefit and utilization of the project by low- and moderate -income persons. e. To maintain accounting records, official files, and other evidence pertaining to costs incurred as required by all applicable HUD regulations, and all of these shall be accessible for the purposes of monitoring, audit, reporting or review by duly authorized representatives of COUNTY or HUD. These records shall be kept available at CITY's office during the project's contract period and thereafter for three (3) yeare from the date of final CITY receipt of HUD CDBG funds through this Contract. -3- 1 2 3. 5' 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Contract No. C40937 1 f. That DIRECTOR shall periodically evaluate the CITY's progress in complying with the terms of this Contract. CITY shall cooperate fully during such monitoring. DIRECTOR shall report the findings of each monitoring to the CITY and Orange County Board of Supervisors. If it is determined by the Board of Supervisors that 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. In addition, the Board of Supervisors may require the CITY to reimburse COUNTY 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. g. That if it is determined by HUD that funds were not expended in compliance with the applicable Federal laws and regulations, CITY will refund to COUNTY within ninety 90 days thereafter such sums as were determined by HUD to have been improperly expended. h. When the project is completed, all unexpended funds remaining will be returned to the COUNTY as soon as practicable, but in any event, within 180 days thereafter. DIRECTOR may then reallocate returned funds to another Urban County project(s) previously approved by the Board of Supervisors. Returned funds as such, may be allocated by the DIRECTOR up to the lesser amount of ten percent (108) of total Contract funds provided herein Section 5.a. or Ten Thousand Dollars ($10,000.00). i. Should the COUNTY receive returned funds from other Urban County projects, funding for this Contract, upon proof of anticipated cost overruns, may be increased at the discretion and upon written authorization of the DIRECTOR up to the lesser amount of ten percent (108) of total Contract funds provided herein Section 5.a. or Ten Thousand Dollars ($10,000.00). j. To assume responsibility for compliance with the California Environmental Quality Act (CEQA) and to provide COUNTY with necessary information to comply with the National Environmental Policy Act (NEPA) prior to commencing project -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 Contract No. C409371 implementation. This may include, when applicable, CITY preparation of NEPA documentation in coordination with EMA staff. k. To be responsible for design and inspection, including funding the costs related to those activities, unless funding for design and inspection activities is provided for in Section 5.a, of this Contract. 1. To submit the Construction Bid Package for this project to DIRECTOR for review prior to advertising for bids on the construction contract or prior to award of such a contract if an alternative method of award is used. CITY shall not advertise for bids until DIRECTOR has approved Construction Bid Package. CITY shall construct project in accordance with the Construction Bid Package which DIRECTOR approved unless prior written approval is received from DIRECTOR for modification therefrom. 5. Project Funding: a. Project will be financed under this Contract as follows: Design $25,000.00 (Twenty-five Thousand Dollars and no/100). Total CDBG Funds and no/100). $25,000.00 (Twenty-five Thousand Dollars b. COUNTY shall not be responsible for any costs which exceed cher approved CDBG funding amount as referenced in Section 5.a. unless otherwise provided in advance as referenced in Section 4.1. c. Payment by the COUNTY to the CITY shall be on a reimbursable basis unless CITY has been authorized and issued cash advances at the discretion of the DIRECTOR under this Contract. d. Cash advances requested by the CITY under this Contract may be made by the DIRECTOR 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 -5- 1 2 3 4 5 6' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2711 . Contract No. C40937 between the receipt of funds and proper disbursement of such funds. (2) The CITY certifies to DIRECTOR, that the CITY's financial Imanagement system meets the standards for fund control and accountability prescribed in (Office of Management and Budget Circular No. A-102, as periodically amended. (3) The CITY complies with the cash advance procedures required by financial procedures of EMA. These procedures require that upon written receipt of funds from the COUNTY, the CITY 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. If the CITY is subsequently found, by DIRECTOR, to be in noncompliance with Section 5.d.(1) through Section 5.d.(3), CITY shall be paid on a reimbursable basis. e. Reimbursable basis payments, as referred to in Section 5.c. and/or cash advances described in Section 5.d, 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-102, the latter shall prevail. 6. CITY must inform the DIRECTOR (through periodic reports requested by EMA staff) of any income generated by the expenditure of CDBG funds received by the CITY; and that per applicable Federal requirements, certain program income must be paid to the COUNTY (e.g., interest earned on CDBG cash advances); and/or, the CITY may retain such program income only if that program income is used exclusively for eligible activities, at the discretion of the DIRECTOR, and in accordance with all CDBG requirements as may then apply. a. CITY shall keep and maintain appropriate records on the use of any such program income as may be required by EMA staff since the COUNTY has the responsibility of monitoring and reporting program income to HUD. b. In the event of CITY close-out or change in status of the participating -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2411 25 26 27 28 9 0 Contract No. C40931 CITY in the Urban County CDBG Program, any program income at that time or received subsequent to the close-out or change in status shall be paid by CITY to the COUNTY within 90 days thereafter. 7. Any proposed modification or change in use of real property acquired or improved in whole or in part by CUBG finds from that planned at the time of the acquisition 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. a. Should the disposition, sale or transfer of such real property acquired or improved in whole or in part using CDBG funds result in a use which does not qualify under CDBG Regulations, the COUNTY shall be reimbursed by CITY in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non- CDBG funds). b. Any program income generated from the disposition, transfer or sale of such property prior to or subsequent to the CITY close-out or change in status of the CITY in the Urban County CDBG Program may be either used by CITY for other specific eligible activities in the CITY or paid to the COUNTY for other eligible Urban County activities, as determined in advance of the expenditure at the discretion of the COUNTY. 8. CITY shall obtain an annual audit performed in accordance with OME Circular A128 and forward a copy to DIRECTOR. DIRECTOR shall have the right to ensure that necessary corrective actions are made by the CITY for any audit findings pertinent to CITY handling of funding attributable to the CDBG Program per Federal requirements. 9. Neither COUNTY nor any officer nor employee thereof shall be responsible for any damage or liability occurring by reason of any action or omission of CITY or its agents, associates, contractors, subcontractors, materialmen, laborers, or any other persons, firms, or corporations furnishing or supplying work service, materials, or supplies in connection with CITY's performance of this Contract and from any and all claims and lasses accruing or resulting to any persons, firm or corporation for personal -7- I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21' 22 23 241 25 26 27 28 0 0 Contract No. C40921 injuries or property damage resulting from or as a consequence of, CITY's performance this Contract under or in connection with any work, authority or jurisdiction delegate to CITY under this Contract. It is also understood and agreed that, pursuant to California Government Code Section 895.4, CITY shall fully indemnify, defend and hold COUNTY harmless from any liability imposed for injury (as defined by California Government Code Section 810.8) occurring by reason of any action or omission of CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Contract. CITY shall act in an independent capacity and not as officers, employee jor agents of COUNTY. 10. Neither CITY nor any officer nor employee thereof shall be responsible for any damage or liability occurring by reason of any action or omission of COUNTY, its agents, associates, contractors, subcontractors, materialmen, laborers, or any other persons, firms, or corporations furnishing or supplying work, service, materials, or supplies in connection with COUNTY's performance of this Contract and from any and all claims and losses accruing or resulting to any persons, firm or corporation for persona injuries or property damage resulting from or as a consequence of COUNTY's performance of this Contract under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Contract. It is also understood and agreed that, pursuant to California Government Code Section 895.4, COUNTY shall fully indemnify, defend and hold CITY harmless from any liability imposed for injury (as defined by California Government Code Section 810.8) occurring by reason of any action or omission of COUNTY under or 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. 11. Where contract funds are withheld, and at the request and expense of CITY, COUNTY will accept securities equivalent to the amount withheld. Such substituted security, meeting the requirements of Government Code Section 4590, shall be deposited with COUNTY, or with a State or Federally chartered bank as escrow agent. If security 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . Contract No. C4093 is deposited with an escrow agent, it shall be covered by an escrow agreement. 12. In the event of CITY's failure to comply with the provisions of this Contract, COUNTY may withhold or require CITY reimbursement of funds, and/or terminate this Contract, and/or allocate funds previously assigned to this Contract to another eligible project(s) within the Urban County. 111 cm 1 2 3 4 5 6 7 8i 91 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2711 28 Contract No. C40932 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 EM/Housing and Redevelopment, all having been duly authorized by the City Council of CITY and the Orange County Board of Supervisors. CITY OFFSX%SAN AJUAN CAPISTRANO Dated: January 2, 1991 Mayor ATTEST: CRY C rk COUNTY OF ORANGE, a political subdivision of the State of Californi Dated: /' S 9/ By � -- Dire - ng and Redevelopment ////////////////////////////////////////////////////////////////////////////////////// APPROVED AS TO FORM: ADRIAN RUYPER, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA C BY 1? ��✓7 /;, l APPR I/JAS TO FINANCIAL PROVISIONS: By 7/ i F' ial Services APPROVED AS TO ACCOUNTING PROVISIONS: By Q. Ell - ccounting Services RMD:bjgAWP25-2(C40937) 11/28/90 _in_ H/CD C.R. 7 m Acctg.�� Env.` S.C. 1 2' 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2411 25 26 27 28 I' • . Contract No. C40937 COUNTY OF ORANGE ENVIRONMENTAL MANAGEMENT AGENCY HOUSING AND COMMUNITY DEVELOPMENT CONTRACT TITLE OF PROJECT: City of San Juan Capistrano: Public Facilities and Improvements - Lacouague Community Building, Old Fire Station Complex 12.50) Yr. MEMORANDUM OF CONTRACT entered into this y t— day of , BY AND BETWEEN and CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as CITY, COUNTY OF ORANGE, a political subdivision of the State of California and recognized Urban County under the Federal Housing and Community Development Act of 1974 (Public Law 93-383), as amended, hereinafter referred to as COUNTY. WHEREAS, COUNTY and CITY previously entered into a Cooperation Agreement dated September 5, 1990, in which both parties agreed to cooperate in the undertaking, or assist in the undertaking, of community development and housing assistance activities, and WHEREAS, the CITY has submitted to the COUNTY an application for funding of a project hereinafter described, and WHEREAS, the COUNTY adopted the FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS on May 16, 1990 (Resolution No. 90-679) which sets forth the project described herein, and WHEREAS, the U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT has accepted and certified the aforementioned FINAL STATEMENT, and WHEREAS, the COUNTY has entered into a separate agreement dated August 7, 1990 with the U.S. Department of Housing and Urban Development (hereinafter referred to as HUD) to fund said project under the Housing and Community Development Act of 1974 (Public Law 93-383), as amended. NOW, THEREFORE, IT IS AGREED by and between the parties that the following provisions as well as all applicable Federal, State and County laws and regulations including the attached SPECIAL PROVISIONS, identified as EXHIBIT "A", are part of this -1- I` Contract No. C40937 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Contract. 1. For the PURPOSES OF THIS CONTRACT 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 through completion. b. Director: The Director of the Orange County Environmental Management Agency (hereinafter referred to as EMA) or his designee. c. Reimbursable Basis: The CITY will provide the funds for the project and submit proof of payment to the COUNTY, whereby upon approval, the COUNTY will forward Community Development Block Grant (hereinafter referred to as CDBG) funds to repay the CITY. d. Construction Bid Package: A package of bidding documents which includes proposal, bidding instructions, contract documents, detailed estimated costs and plans and specifications for a construction project, all prepared in accordance with applicable Federal regulations. 2. It is understood that the CITY will act as PROJECT MANAGER for the project described as: The City of San Juan Capistrano: Public Facilities and Improvement - Lacouague Community Building, Old Fire Station Complex (P12.50) Year XVI. The City of San Juan Capistrano will utilize CDBG funds for the design phase for rehabilitation of Lacouague Community Building, Old Fire Station complex, located at 31421 La Matanza Street. Project improvements include conversion of garage space into class and meeting rooms, expansion of storage areas and redesign of office space; and conversion of garage into a classroom. Project will benefit low- and moderate -income residents within the area (see attached map, EXHIBIT "B", which is part of this Contract). 3. It is agreed by all parties that the project shall be completed and all funds provided through this Contract shall be expended on eligible project activities prior to December 31, 1991. Invoices for all approved project costs funded by the Block -2 A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • . Contract No. C40937 Grant under this Contract shall be submitted within 180 days after the above date. The date for project completion and expenditure of all funds may be extended at the discretion of the DIRECTOR, on a year -by -year basis up to a maximum period of five (5) total years, through written notification to the CITY. In the event of such an extension, the deadline for submittal of invoices shall be 180 days after the new completion date. After Contract expiration, all unexpended funds remaining from this Contract may be allocated by the COUNTY to another eligible project(s) within the Urban County CDBG Program. 4. CITY agrees: a. Any proposed amendment to this Contract shall be submitted to and approved by the COUNTY, prior to commencement by CITY of any activity covered by said amendment. b. To submit any and all third -party contracts proposed for funding through this Contract to DIRECTOR for review and approval prior to award of such contracts by CITY. C. To comply with CDBG Program Regulations, as may be periodically revised by HUD, Office of Management and Budget, or other Federal agencies, and including laws and policies applicable to the CDBG Program. d. That the project shall be implemented and appropriately maintained for Community Development purposes as defined by applicable HUD provisions to ensure maximum feasible benefit and utilization of the project by low- and moderate -income persons. e. To maintain accounting records, official files, and other evidence pertaining to costs incurred as required by all applicable HUD regulations, and all of these shall be accessible for the purposes of monitoring, audit, reporting or review by duly authorized representatives of COUNTY or HUD. These records shall be kept available at CITY's office during the project's contract period and thereafter for three (3) years from the date of final CITY receipt of HUD CDBG funds through this Contract. -3- . • Contract No. C40937 1 f. That DIRECTOR shall periodically evaluate the CITY's progress in 2 complying with the terms of this Contract. CITY shall cooperate fully during such 3 monitoring. DIRECTOR shall report the findings of each monitoring to the CITY and 4 Orange County Board of Supervisors. If it is determined by the Board of Supervisors 5 that CITY performance or progress on performance is unsatisfactory, the Board of 6 Supervisors may withhold further funding on the project pending resolution of the 7 unsatisfactory condition(s), or may terminate this Contract. In addition, the Board of S Supervisors may require the CITY to reimburse COUNTY any funds that it determines to be 9 improperly expended or not expended on the project in a timely manner based on 10 applicable CDBG Program Regulations. 11 g. That if it is determined by HUD that funds were not expended in 12 compliance with the applicable Federal laws and regulations, CITY will refund to COUNTY 13 within ninety 90 days thereafter such sums as were determined by HUD to have been 14 improperly expended. 15 h. When the project is completed, all unexpended funds remaining will be 16 returned to the COUNTY as soon as practicable, but in any event, within 180 days 17 thereafter. DIRECTOR may then reallocate returned funds to another Urban County 1S project(s) previously approved by the Board of Supervisors. Returned funds as such, may 19 be allocated by the DIRECTOR up to the lesser amount of ten percent (108) of total 20 Contract funds provided herein Section 5.a. or Ten Thousand Dollars ($10,000.00). 21 i. Should the COUNTY receive returned funds from other Urban County 22 projects, funding for this Contract, upon proof of anticipated cost overruns, may be 23 increased at the discretion and upon written authorization of the DIRECTOR up to the 24 lesser amount of ten percent (108) of total Contract funds provided herein Section 5.a. 25 or Ten Thousand Dollars ($10,000.00). 26 J. To assume responsibility for compliance with the California 27 Environmental Quality Act (CEQA) and to provide COUNTY with necessary information to 28 comply with the National Environmental Policy Act (NEPA) prior to commencing project 1 -4- • Contract No. C40937 1 implementation. This may include, when applicable, CITY preparation of NEPA 2 documentation in coordination with EMA staff. 3 k. To be responsible for design and inspection, including funding the costs 4 related to those activities, unless funding for design and inspection activities is 5 provided for in Section 5.a. of this Contract. 6 1. To submit the Construction Bid Package for this project to DIRECTOR for 7 review prior to advertising for bids on the construction contract or prior to award of 8 such a contract if an alternative method of award is used. CITY shall not advertise for 9 bids until DIRECTOR has approved Construction Bid Package. CITY shall construct project 10 in accordance with the Construction Bid Package which DIRECTOR approved unless prior 11 written approval is received from DIRECTOR for modification therefrom. 12 5. Project Funding: 13 a. Project will be financed under this Contract as follows: 14 Design $25,000.00 (Twenty-five Thousand Dollars 15 and no/100). 16 Total CDBG Funds $25,000.00 (Twenty-five Thousand Dollars 17 and no/100). 18 b. COUNTY shall not be responsible for any costs which exceed the approved 19 CDBG funding amount as referenced in Section 5.a. unless otherwise provided in advance 20 as referenced in Section 4.i. 21 c. Payment by the COUNTY to the CITY shall be on a reimbursable basis 22 unless CITY has been authorized and issued cash advances at the discretion of the 23 DIRECTOR under this Contract. 24 d. Cash advances requested by the CITY under this Contract may be made by 25 the DIRECTOR to the CITY if the following conditions are met: 26 (1) The CITY has demonstrated to DIRECTOR through certification in a 27 form prescribed by DIRECTOR and subsequently through performance, its willingness and 28 capacity to establish CITY financial procedures that will minimize the time elapsing -5- • a Contract No. C40937 1 between the receipt of funds and proper disbursement of such funds. 2 (2) The CITY certifies to DIRECTOR, that the CITY's financial 3 management system meets the standards for fund control and accountability prescribed in 4 Office of Management and Budget Circular No. A-102, as periodically amended. 5 (3) The CITY complies with the cash advance procedures required by 6 financial procedures of EMA. These procedures require that upon written receipt of 7 funds from the COUNTY, the CITY shall disburse payment(s) to vendor(s) within five (5) 8 working days and submit evidence of such disbursement (s) (i.e., warrant copies, etc.) to 9 the DIRECTOR. 10 If the CITY is subsequently found, by DIRECTOR, to be in noncompliance 11 with Section 5.d.(1) through Section 5.d.(3), CITY shall be paid on a reimbursable 12 basis. 13 e. Reimbursable basis payments, as referred to in Section 5.c. and/or cash 14 advances described in Section 5.d. shall be made in accordance with EMA financial 15 procedures. In the event of conflict between EMA financial procedures and any 16 applicable statutes, rules or regulations of HUD, including Office of Management and 17 Budget Circular No. A-102, the latter shall prevail. 18 6. CITY must inform the DIRECTOR (through periodic reports requested by EMA 19 staff) of any income generated by the expenditure of CDBG funds received by the CITY; 20 and that per applicable Federal requirements, certain program income must be paid to the 21 COUNTY (e.g., interest earned on CDBG cash advances); and/or, the CITY may retain such 22 program income only if that program income is used exclusively for eligible activities, 23 at the discretion of the DIRECTOR, and in accordance with all CDBG requirements as may 24 then apply. 25 a. CITY shall keep and maintain appropriate records on the use of any such 26 program income as may be required by EMA staff since the COUNTY has the responsibility 27 of monitoring and reporting program income to HUD. 28 b. In the event of CITY close-out or change in status of the participating -6-. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 241 1 25 26 27 28 0 a Contract No. C40937 1 CITY in the Urban County CDBG Program, any program income at that time or received subsequent to the close-out or change in status shall be paid by CITY to the COUNTY within 90 days thereafter. 7. Any proposed modification or change in use of real property acquired or improved in whole or in part by CDBG funds from that planned at the time of the acquisition 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. a. Should the disposition, sale or transfer of such real property acquired or improved in whole or in part using CDBG funds result in a use which does not qualify ! under CDBG Regulations, the COUNTY shall be reimbursed by CITY in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non- CDBG funds). b. Any program income generated from the disposition, transfer or sale of such property prior to or subsequent to the CITY close-out or change in status of the CITY in the Urban County CDBG Program may be either used by CITY for other specific eligible activities in the CITY or paid to the COUNTY for other eligible Urban County activities, as determined in advance of the expenditure at the discretion of the COUNTY. 8. CITY shall obtain an annual audit performed in accordance with OMB Circular A128 and forward a copy to DIRECTOR. DIRECTOR shall have the right to ensure that necessary corrective actions are made by the CITY for any audit findings pertinent to CITY handling of funding attributable to the CDBG Program per Federal requirements. 9. Neither COUNTY nor any officer nor employee thereof shall be responsible for , any damage or liability occurring by reason of any action or omission of CITY or its agents, associates, contractors, subcontractors, materialmen, laborers, or any other persons, firms, or corporations furnishing or supplying work service, materials, or supplies in connection with CITY's performance of this Contract and from any and all claims and losses accruing or resulting to any persons, firm or corporation for personal -7- 0 • Contract No. C40937 1 injuries or property damage resulting from or as a consequence of, CITY'S performance of 2 this Contract under or in connection with any work, authority or jurisdiction delegated 3 to CITY under this Contract. It is also understood and agreed that, pursuant to 4 California Government Code Section 895.4, CITY shall fully indemnify, defend and hold 5 COUNTY harmless from any liability imposed for injury (as defined by California 6 Government Code Section 810.8) occurring by reason of any action or omission of CITY 7 under or in connection with any work, authority or jurisdiction delegated to CITY under 8 this Contract. CITY shall act in an independent capacity and not as officers, employees 9 or agents of COUNTY. 10 10. Neither CITY nor any officer nor employee thereof shall be responsible for 11 any damage or liability occurring by reason of any action or omission of COUNTY, its 12 agents, associates, contractors, subcontractors, materialmen, laborers, or any other 13 persons, firms, or corporations furnishing or supplying work, service, materials, or 14 supplies in connection with COUNTY's performance of this Contract and from any and all 15 claims and losses accruing or resulting to any persons, firm or corporation for personal 16 injuries or property damage resulting from or as a consequence of COUNTY's performance 17 of this Contract under or in connection with any work, authority or jurisdiction 18 delegated to COUNTY under this Contract. It is also understood and agreed that, 19 pursuant to California Government Code Section 895.4, COUNTY shall fully indemnify, 20 defend and hold CITY harmless from any liability imposed for injury (as defined by 21 California Government Code Section 810.8) occurring by reason of any action or omission 22 of COUNTY under or in connection with any work, authority or jurisdiction delegated to 23 COUNTY under this Contract. COUNTY shall act in an independent capacity and not as 24 officers, employees or agents of CITY. 25 11. Where contract funds are withheld, and at the request and expense of CITY, 26 COUNTY will accept securities equivalent to the amount withheld. Such substituted 27 security, meeting the requirements of Government Code Section 4590, shall be deposited 28 Jwith COUNTY, or with a State or Federally chartered bank as escrow agent. If security -8- • • Contract No. C40937 1 is deposited with an escrow agent, it shall be covered by an escrow agreement. 2 12. In the event of CITY's failure to comply with the provisions of this 3 Contract, COUNTY may withhold or require CITY reimbursement of funds, and/or terminate 4 this Contract, and/or allocate funds previously assigned to this Contract to another 5 eligible project(s) within the Urban County. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • Contract No. C40937 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. Dated: January 2, 1991 CATTTTSST:/�E�,�,n, 42g�'— ty erk Dated: / f{ - ?1/ CITY OF/SAN JUAN CAPISTCRANO BY AOF- - L -.I,, Mayor COUNTY OF ORANGE, a political subdivision of the State of California By and Redevelopment ////////////////////////////////////////////////////////////////////////////////////// APPROVED AS TO FORM: ADRIAN RUYPER, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA BY APPROVED AS TO FINANCIAL PROVISIONS: BY FF� Co EMA-rin$Tl S rvices APPROVED AS TO ACCOUNTING PROVISIONS: BY EMA ccounting Services RMD:bjgAWP25-2(C40937) 11/28/90 atim H/CD C. R. Acctg.CIP Env. a_ S.C. APPROVED AS TO FINANCIAL PROVISIONS: BY FF� Co EMA-rin$Tl S rvices APPROVED AS TO ACCOUNTING PROVISIONS: BY EMA ccounting Services RMD:bjgAWP25-2(C40937) 11/28/90 atim H/CD C. R. Acctg.CIP Env. a_ S.C. • Exhi* "A" to COUNTY/CITY Contract SPECIAL PROVISIONS 1 A. Section 3 - Compliance with the Provision of Training Employment and 2 Business Opportunity 3 The CITY shall cause or require to be inserted in full in all contracts and 4 subcontracts for work financed in whole or part with federal financial assistance 5 provided under this Contract, the Section 3 clause set forth in 24 CFR 135.20(b). The 6 CITY will provide such copies of 24 CFR Part 135, as may be necessary for the 7 information of parties to contracts required to contain the said Section 3 clause. 8 Section 3 requires that to the greatest extent feasible, opportunities for 9 training and employment be made available to lower income residents within the unit of 10 local government or metropolitan area (or non -metropolitan county), in which the project 11 is located. In addition, to the greatest extent feasible, contracts for work in 12 connection with the project shall be awarded to business concerns which are located in, 13,I or in substantial part owned by, persons residing in the same unit of local government 14 ! or metropolitan area (or non -metropolitan county), in which the project is located. 15,1 The parties to this contract will comply with the provisions of said 16. Section 3, and the regulations issued pursuant thereto by the Secretary of Rousing and 17 Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the 18 Department issued thereunder prior to the execution of this contract. The CONTRACTOR 19 ',shall take appropriate action pursuant to the subcontract upon a finding that the 20 (subcontractor is in violation of regulations issued by the Secretary of Rousing and 21 I,Urban Development, 24 CFR 135. The CONTRACTOR will not subcontract with any 22 subcontractor where it has notice or knowledge that the latter has been found in 23'!violation of regulations under 24 CPR 135. The parties to this contract certify and 24 ''agree that they are under no contractual or other disability which would prevent them 25"ifrom complying with these requirements. (Source: Title 24 CFR 135 revised 26 April 1, 1984.) 27' B. Equal Employment Opportunity 28 In carrying out the program, the CITY shall not discriminate against any -1- Exhi" t "A" to COUNTY/CITY Contract 1 employee or applicant for employment because of race, color, religion, sex or national 2 origin. The CITY shall take affirmative action to ensure that applicants for employment 3 are employed and that employees are treated during employment, without regard to their 4 race, color, religion, sex or national origin. Such action shall include, but not be a limited to, the following: employment, upgrading, demotion or transfer; recruitment 6 advertising; layoff or termination; rates of pay or other form, compensation, and 7 selection for training, including apprenticeship. The CITY shall post in conspicuous 8 places, available to employees and applicants for employment, notices to be provided by 9' the COUNTY setting forth the provisions of this nondiscrimination clause. The CITY 10 shall, in all solicitations or advertisements for employees placed by or on behalf of 11 the CITY, state that all qualified applicants will receive consideration for employment 12 without regard to race, color, religion, sex or national origin. The CITY shall 13 incorporate the foregoing requirements of this paragraph in all of its contracts for 14 � program work and will require all of its contractors for such work to incorporate such 151j requirements in all subcontracts for program work. Such contracts shall be subject to 16 , HUD Equal Employment Opportunity regulation 24 CFR Part 130 as applicable to HUD 171 assisted construction contracts. 18 The CITY shall cause or require to be inserted in full in any non-exempt I 19 , contract and subcontract for construction work or modification thereof, as defined in 20 said regulations which is paid for in whole or in part with assistance under the 21 Contract, the following equal opportunity clause: 22 "During the performance of this contract, the contractor agrees as follows: 23 1. The contractor will not discriminate against any employee or applicant 24 for employment p yment because of race, color, religion, sex or national origin. The contractor 25 will take affirmative action to ensure that applicants are employed and that employees 26 I are treated during employment, em yment, without regard to their race, color, religion, sex, or 27 1 national origin. Such action shall include, but not be limited to, the following: 28 Employment, upgrading, demotion or transfer, recruitment advertising, layoff or Ii -2- V Exhib•"A" to CODNrY/CITY Contract 1 termination; rates of pay or other forms of compensation and selection for training, 2 including apprenticeship. The contractor agrees to post in conspicuous places, 3 available to employees and applicants for employment, notices to be provided by the CITY 4 setting forth the provisions of this nondiscrimination clause. 5 2. The contractor will, in all solicitations or advertisements for 6 employees placed by or on behalf of the contractor state that all qualified applicants 7 will receive consideration for employment without regard to race, color, religion, 9 sex 8 or national origin. 9 3. The contractor will send to each labor union or representative of 10 workers with which he has a collective bargaining agreement or other contract or 11 understanding, a notice advising the said labor union or worker's representatives 12 of the contractor's commitment under Section 202 of Executive Order 11246 of 131I September 24, 1965, and shall post copies of the notice on conspicuous places available 14 1 to employees and applicants for employment. 15',� 4. The contractor will comply with all provisions of Executive Order 11246 16 of September 24, 1965 and of the rules, regulations and relevant orders of the Secretary 17 of Labor. 18 5. The contractor will furnish all information and reports required by 19,j Executive Order 11246 of September 24, 1965 and by the rules, regulations and order of 20 the Secretary of Labor or pursuant thereto and will permit access to his books, records 21 ,land accounts b the Department and the Secretary of Labor for Y p y purposes of investigation 22 !i to ascertain compliance with such rules, regulations and orders. 231 11 11 6. In the event of the contractor's noncompliance with the 24 llnondiscrimination clauses of this contract or with any of such rules, regulations or 251 orders, this contract may be canceled, terminated or suspended in whole or in part and 2611 the contractor may be declared ineligible for further Government contracts or federally 27 .I !;assisted construction contract in accordance with procedures authorized in Executive 281order11246 of September 24, 1965, or by rules, regulations or order of the Secretary of I -3- Exb' it "A" to COUNTY/CITY Contract 1 Labor or as otherwise provided by law. 2 7. The contractor will include the portion of the sentence immediately 3 preceding paragraph (1) beginning with the words "During the performance of..." and the 4 provisions of paragraphs (1) through (7) in every subcontract or purchase order unless 5 exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to 6, Section 204 of the Executive Order 11246 of September 24, 1965, so that such provisions 7 will be binding upon each subcontractor or vendor. The contractor will take such action 8 1 with respect to any subcontract or purchase order as the Department may direct as a 9 Ili means of enforcing such provisions, including sanctions for noncompliance; provided, 10,1 however, that in the event a contractor becomes involved in, or is threatened with, 11 litigation with a subcontractor or vendor as a result of such direction by the 12 11 Department the contractor may request the United States to enter into such litigation to 13 'I protect the interest of the United States. 14 The CITY further agrees that it will be bound by the above equal 15' opportunity clause with respect to its own employment practices when it participates in 16 11I federally assisted construction work. The above equal opportunity clause is not 17 applicable to any agency, instrumentality or subdivision of such CITY which does not 18 participate in work on or under the contract. 19 The CITY agrees that it will assist and cooperate actively with COUNTY, 2011 I HUD and the Secretary of Labor in obtaining the compliance of contractors and 21'1li subcontractors with the equal opportunity clause and the rules, regulations and relevant 22,E orders of the Secretary of Labor; that it will furnish the COUNTY, HUD and the Secretary 23I of Labor such information as they may require for the supervisions of such compliance; 24I and that it will otherwise assist the above parties in the discharge of its primary 251 responsibility for securing compliance. 26 The CITY further agrees that it will refrain from entering into any con - 27 tract or contract modification subject to Executive Order 11246 of September 24, 1965, 28 with a contractor debarred from or who has not demonstrated eligibility for, Government -4- • Exhit* "A" to COUNTY/CITY Contract 1 contracts and federally assisted construction contracts pursuant to the executive order 2 and will carry out such sanctions and penalties for violation of equal opportunity 3 clause as may be imposed upon contractors and subcontractors by RUD or the Secretary of 4 Labor pursuant to Part II, Subpart B of the Executive Order. In addition, the CITY agrees that if it fails or refuses to comply with these undertakings, the COUNTY may 6 take any or all of the following actions: Cancel, terminate or suspend in whole or in 7 part the grant or loan guarantee; refrain from extending any further assistance to the 8 CITY under the program with respect to which the failure or refusal occurred until 9 satisfactory assurance of future compliance has been received from such CONTRACTOR. 10 (Source: B/CD Funding Agreement #4 and Executive Order 11246, Part II, Subpart B, 11 ,vection 202, Title 24 CFR 130, revised April 1, 1984.) 12 C. Federal Labor Standards 13',' Except with respect to the rehabilitation of residential property designed 14,1 for residential use for less than eight families, the CITY and all contractors engaged 15 under contracts in excess of $2,000.00 (Two Thousand Dollars and no/100) for the 16 I construction, prosecution, completion or repair of any building or work financed in 17 whole or in part with assistance provided under this contract, shall comply with BUD 18 requirements pertaining to such contracts and the applicable requirements of the 19 regulations of the Department of Labor under 29 CFR Parts 3 (Copeland Act), 5, and 5a 20 (Davis -Bacon Act), governing the payment of wages and the ratio of apprentices and 21:,! trainees to journeyman: Provided, that if wage rates higher than those required under 22 23 24 such regulations are imposed by state of local law, nothing hereunder is intended to relieve the CITY of its obligation, if any, to require payment of the higher rates. The CITY shall cause or require to be inserted in full, in all such contracts subject to 25 such regulations, provisions meeting the requirements of 29 CFR 5.5 and for such 26 'i contracts in excess of $10,000, 29 CFR 5. The "Federal Labor Standards Provisions" 2711 (HUD 4010) are made part of this contract. 28 No award of the contracts covered under this section of the contract shall -5- Exh! t "A" to COUNTY/CITY Contract 1 d o an is t the time ineligible under vi be made t y contractor who a g the provisions of any 2 applicable regulations of the Department of --abor to receive an award of such contract. 3 (Source: H/CD Funding Agreement $7) 4 All documents submitted by the CITY to the COUNTY which are required for 5 compliance with the Federal Labor Standards, shall be certified as being true, accurate, 6 and complete by the City Engineer or the Director of Public Works. (Source: 7 Orange County H/CD) 8 D. Non -Discrimination 9 The CITY in an activity directly or indirectly financed under this contract, 10 shall comply with: 11 1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), and the 121'i regulations issued pursuant thereto (24 CFR Part 1), which provides that no person in 13 the United States shall on the grounds of race, color, or national origin, be excluded 14,'1 from participation in, be denied the benefits of, or be otherwise subjected to 15 discrimination under any program or activity for which the applicant receives Federal 16 I financial assistance and will immediately take any measures necessary to effectuate this 17 assurance. If any real property or structure thereon is provided or improved with the 18 aid of Federal financial assistance extended to the applicant, this assurance shall 19 obligate the applicant, or in the case of any transfer of such property, any transferee, 20 for the period during which the real property or structure is used for a purpose for 21 'I which the Federal financial assistance is extended, or for another purpose involving the 22provision of similar services or benefits. 23 2. Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended, 24 administering all programs and activities relating to housing and community development 25 in a manner to affirmatively further fair housing; and will take action to affirmatively 26i further fair housing in the sale or rental of housing, the financing of housing, and the 27i provision of brokerage services. 28 3. Section 109 of the Housing and Community Development Act of 1974, and 11 -6- • Exhio"A" to COUNTY/CITY Contract 1 the regulations issued pursuant thereto (24 CFR Part 570.602), which provides that no 2 person in the United States shall on the grounds of race, color, national origin, or 3 sex, be excluded from participation in, be denied the benefits of, or be subjected to 4 discrimination under, any program or activity funded in whole or in part with funds provided under this Part. 6 4. Executive Order 11063 on equal opportunity in housing and 7 nondiscrimination in the sale or rental of housing built with Federal assistance. 8 (Source: Title 24 CFR Part 570.601, revised April 1, 1984) 9 E. Accessibility/Usability of Facilities and Buildings for Physically 10 Handicapped 11 The CITY in any activity directly or indirectly financed under this contract 12 shall require every building or facility (other than a privately owned residential 13 structure) designed, constructed, or altered with funds provided under this Part to 141 comply with the "American Standard Specifications for Making Buildings and Facilities 15 I Accessible to, and Usable by, the Physically Handicapped," Number A -117.1-R 1971, 16 III subject to the exceptions contained in 41 CFR 101-19.604. The CITY will be responsible 17' for conducting inspections to insure compliance with these specifications by any 18 contractor or subcontractor. (Source: 24 CFR Part 570.202(&), revised April 1, 1984) 19 F. Relocation 20 1. The CITY in any activity directly or indirectly financed under this 21, contract shall: 22 0 a. To the greatest extent practicable under State law, comply with 23 'J Sections 301 and 302 of Title III (Uniform Real Property Acquisition Policy) of the 24,', Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 2511 ,I will comply with Sections 303 and 304 of Title III, and HUD implementing instructions at 11 26I 24 CFR Part 42; and 1 27 b. Inform affected persons of their rights and of the acquisition 2$ I policies and procedures set forth in the regulations in 24 CFR Part 42 and 570.606 -7- Exh't "A" to COUNTY/CITY Contract 1 revised April 1, 1984) 2 2. The CITY shall also: 3 a. Comply with Title II (Uniform Relocation Assistance) of the Uniform 4 Relocation Assistance and Real Property Acquisition Policies Act of 1970 and HUD 5 implementing regulations at 24 CFR Part 42 and 570.606; 6 b. Provide relocation payments and offer relocation assistance as 7 described in Section 205 of the Uniform Relocation Assistance Act to all persons 8 displaced as a result of acquisition of real property for an activity assisted under the 9 ! Community Development Block Grant Program. Such payments and assistance shall be 10,; provided in a fair and consistent and equitable manner that insures that the relocation 11 I process does not result in different or separate treatment of such persons on account of 12 13 14 15 16 race, color, religion, national origin, sex, or source of income; 3. Assure that, within a reasonable period to time prior to displacement, comparable decent, safe and sanitary replacement dwellings will be available to all displaced families and individuals and that the range of choices available to such persons will not vary on account of their race, color, religion, national origin, sex, 17 or source of income; and 18 'I 4. Inform affected persons of the relocation assistance, policies and 19 procedures set forth in the regulations at 24 CFR Part 42 and 570.606. (Source: Title 20 24 CFR Part 570.606, revised April 1, 1984) 21 G. Lead -Based Paint Hazards 221' The construction or rehabilitation of residential structures with assistance 23 1provided under this Contract is subject to the HUD Lead -Base Paint regulations, 24 CFR 24IIPart 35. Any grants or loans made by the CITY or work performed by the CITY for the iI 25 rehabilitation of residential structures with assistance provided under this Contract 2611 shall be made subject to the provisions for the elimination of lead -base paint hazards 27 under subpart C of said regulations and the CITY shall be responsible for the 28 inspections and certifications required under Section 35.24 thereof. (Source: A/CD 11 -8- . Exhib*"A' to COUNTY/CITY Contract 1 Funding Agreement #5 and 24 CFR Part 35 and 570.608 revised April 1, 1984) 2 H. Flood Disaster 3 This Contract is subject to the requirements of the Flood Disaster 4 Protection Act of 1973 (P.L. 93-234). No portion of the assistance provided under this '5 Contract is approved for acquisition or construction purposes as defined under 6 Section 3(a) of said Act, for use in an area identified by the Secretary as having 7 special flood hazards, which is located in a community not then n compliance with the 8 requirements for participation in the national flood insurance program pursuant to 9' Section 201(d) of Said Act; and the use of any assistance provided under this Contract 10 1, for such acquisition or construction in such identified areas in communities then 11 participating in the national flood insurance program shall be subject to the mandatory 12purchase of flood insurance requirements of Section 102(a) of said Act. 13 ! Any Contract or Agreement for the sale, lease or other transfer of land 14,1 acquired, cleared, or improved with assistance provided under this Contract shall 15 contain, if such land is located in an area identified by the Secretary as having 16 special flood hazards and in which the sale of flood insurance has been made available 17 under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et seq., 18 provisions obligating the transferree and its successors or assignees to obtain and 19,11 maintain, during the ownership of such land, such flood insurance as required with 20 respect to financial assistance for acquisition or construction q purposes under 211'1 Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be 221 required notwithstanding the fact that the construction on such land is not itself 231 funded with assistance provided under this Contract. (Source: H/CD Funding Agree - 2411 ment #3) 2511 The CITY shall comply 1 with the provisions of Executive Order 11296, relating 26 I to evaluation of flood hazards and Executive Order 11288 relating to the prevention, 27l�control, and abatement of water pollution. (Source: Title 24 CFR 570.605 revised 28 April 1, 1984) 11-9- Exh4�it "A" to COUNTY/CITY Contract 1 I. Compliance with Air and Water Acts 2 The CITY shall cause or require to be inserted in full in all non-exempt 3 contracts or subcontracts for work furnished in whole or in part by the grant contracts, 4 the following requirements (provided that contracts, subcontracts and subloans not o exceeding $100,000.00 (One Hundred Thousand Dollars and no/100) are exempt from this 6 part - 7 This Contract is subject to the requirements of the Clean Air Act, as 8 amended 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended 33 USC 9 1251 et seq., and the regulations of the Environmental Protection Agency with respect 10 thereto, at 40 CFR Part 15, as amended from time to time. 11 In compliance with said regulations, the CITY shall cause or require to be 12 inserted in full in all contracts and subcontracts dealing with any non-exempt 13,'! transaction thereunder funded with assistance provided under this contract, the 14 following requirements: 15 1. A stipulation by the contractor or subcontractors that any facility to 16, be utilized in the performance of any non-exempt contract or subcontract is not listed 17 on the list of Violating Facilities issued by the Environmental Protection Agency (EPA) 18 1pursuant to 40 CFR 15.20. 19 2. Agreement by the contractor that he will comply with all the 2O 'Il requirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8) and 21 Section 308 of the Federal Water Pollution Control Act, as amended (33 USC 1318) 22relating to inspection, monitoring, entry, reports and information, as well as all other 23 requirements specified in said Section 114 and Section 308, and all regulations and 24!,!guidelines issued thereunder. 25;I 3. A stipulation that as a condition for the award of the contract prompt 26,'Inotice will be given of any notification received from the Director of the EPA, Office 271l1of Federal Activities or any agent of the office, that a facility utilized or to be 28I utilized for the contract is under consideration to be listed on the EPA list of -10- • Exhibo"A" to COUNTY/CITY Contract 1 Violating Facilities. 2 4. An Agreement by the contractor that he will include or cause to be 3 included the criteria and requirements in paragraph (1) through (4) of this section in 4 every non-exempt subcontract and requiring that the contractor will take such action as a the Government may direct as a means of enforcing such provisions. 6 In no event shall any amount of the assistance provided under this 7 contract be utilized with respect to a facility which has given rise to a conviction 8 under Section 113(c)(1) of the Clean Air Act of Section 309(c) of the Federal Water 9 Pollution Control Act. (Source: H/CD Funding Agreement #6) 10 J. Management Compliance 11 The CITY in any activity directly or indirectly financed under this contract 12 1 shall comply with regulations, policies, guidelines and requirements of DMB Circular No. 13 A-102, Revised, and Federal Management Circular 74-4: Cost principles applicable to 14 grants and contract with State and local governments, and Federal Management Circular 15 1 74-7: Uniform Administrative Requirements for grant-in-aid to State and local 16 governments as they relate to the application, administration, acceptance and use of 17 III Federal funds under this Part. (Source: Title 24 CFR Part 570.200(4) revised April 1, 18 1984) 19 R. Obligations of Contractor with Respect to Certain Third Party Relationships 20 The CITY shall remain full obligated under the y ated g provisions of this contract 21"I notwithstandingits designation of an third 9 y party or parties for the undertaking of any 22 part of the program with respect to which assistance is being provided under this 23 contract to the CITY. Such third party or parties shall comply with all lawful 24', requirements of the CITY necessary to insure that the q y program with respect to which 25' assistance is being provided under this contract to the CITY is carried out in 2611 accordance with the CITY's assurances and certifications, including those with respect 271'11 to the assumption of environmental responsibilities of the CITY under Section 104(h) of SII the Housing and Community Development Act of 1974. (Source: H/CD Funding Agreement #9) �,I -11- EW 't "A" to COUNTY/CITY Contract _ 1 L. Interest of Certain Federal Officials 2 No member of Delegate to the Congress of the United States and no Resident 3 Commissioner, shall be admitted to any share or part of this contract or to any benefit 4 to arise from the same. (Source: H/CD Funding Agreement #10) 5 M. Interest of Members, Officers or Employees of CITY, Members of Local 6 Governing Body or Other Public Officials 7 No member, officer or employee of the COUNTY or CITY its designees or 8 agents, no members of the governing body of the locality in which the program is 9 situated and no other public official of such locality or localities who exercise any lb functions or responsibilities with respect to the program during his tenure or for one 11;, year thereafter, shall have any interest, direct or indirect, in any contract, i 12 subcontract or theroceeds thereof, for work to be p performed in connection with the 13 I program assisted under this contract. The CITY shall incorporate or cause to be 14,j incorporated, in all such contracts or subcontracts a provision prohibiting such 15 interest pursuant to the purpose of this section. (Source: H/CD Funding Agreement #11, 16 Title 24 CFR 570.611 and 570.458(14) (M) (X), revised April 1, 1984) 17 N. Prohibition Against Payments of Bonus or Commission 18 The assistance provided under this contract shall not be used in the payment 1911 of any bonus or commission for the purpose of obtaining HUD approval of the application 20 i, for such assistance or HUD approval of application for additional assistance of any 21 other approval or concurrence of HUD required under this contract, provided, however, 2211 that reasonable fees or bona fide technical, consultant, managerial or other such 23 It services, other than actual solicitation, are not hereby prohibited if otherwise 2411 eligible as program cost. (Source: H/CD Funding Agreement #12) 25� 0. Batch Act Compliance 26i The CITY and COUNTY shall comply with the provisions of the Hatch Act which 271 limits the political activity of employees. (Source: Title 24 CFR Part 570.458(14) (M) 28 (X1), revised April 1, 1984) -12- I' I • Exhibe"A" to COUNTY/CITY Contract 1 P. Definitions 2 Throughout these Special Provisions the meaning of words shall be that 3 meaning given by the act, regulation, Executive Order, Federal Management Circular, 4 agreement, or rule cited herein as the source for the section in which the word appears. 5 (Source: Orange County Counsel) 6 Q. Note 7 Federal Management Circular 74-7 has been replaced with Office of Management 8 and Budget (OMB) A-102. 9 10 i 12 13 14 i 15 16 17 18 19 20 21 22 23 24 251 26 27! 28 JM:bjgAWP2-5 -13- 06/16/86 SAN NAN CAPISTRANO Lacouague Community Building 31421 La Ma f;FCENVIRONMENTAL MANAGEMENT AGENCY 6 vm/,� 10IIA10AA\11 ,Uvlu 1961 1776 December 9, 1993 Mr. Michael Chiaramonte HPS-Grant Management Orange County Environmental Management Agency Housing and Redevelopment P. O. Box 4048 Santa Ana, California 92702-4048 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY L. HAUSOORFER GIL JONES CAROLYN NASH JEFFVASOUEZ CITY MANAGER GEORGE SCARBOROUGH Re: Community Development Block Grant Contract No. C40937 - Amendment Dear Mr. Chiaramonte: At its meeting of December 7, 1993, the City Council of the City of San Juan Capistrano approved the Amendment to Year 16 Community Development Block Grant Contract No. C40937 to reprogram funds to the design costs and construction improvements for the Lacouague Community Building. Four copies of the Agreement are enclosed. Upon approval of the Board of Supervisors, please return one fully -executed copy to the City Clerk's office. Also enclosed is a certified copy of Resolution No. 93-12-7-1, which approved the Amendment and authorized the signature of the Mayor. Thank you for your cooperation. If we can be of further assistance, please call. Vee7 truly yours, Cheryl Johnson City Clerk Enclosure cc: Director of Planning Mary Raskin (with copy of contract) 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 ---� 5. COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT 040937 ALLOWING ADDITIONAL FUNDS FOR DESIGN AND CONSTRUCTION OF IMPROVEMENTS TO LACOUAGUE BUILDING - YEAR 16 (COUNTY OF ORANGE) As set forth in the Report dated December 7, 1993, from the Planning Director, the following Resolution was adopted authorizing the Mayor to execute the amendment to Contract C40937, the Year 16 application for Community Development Block Grant funding, to allow for the remaining $17,692.16 in the contract to be used for design costs and construction improvements of the Lacouague Community Building at 31421 La Matanza Street: RESOLUTION NO 93-12-7-1 AUTHORIZING AMENDMENT TO YEAR 16 COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE MAYOR TO SIGN AN AMENDMENT TO YEAR 16 COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT C40937 FOR IMPROVEMENT TO THE LACOUAGUE COMMUNITY BUILDING 6. AWARD OF BIDS - CITY VEHICLES AND EQUIPMENT (370.30) As set forth in the Report dated December 7, 1993, from the Director of Public Lands and Facilities, the contracts for various City vehicles and equipment were awarded to the following lowest responsible bidders: Action Rentals (emergency generator, $18,829.31); Tuttle -Click Ford (1/2 -ton pickup, $11,719.70); and Allen Oldsmobile (1 -ton utility van, $18,448.07). All other bids were rejected. The Mayor and City Clerk were authorized to execute the contracts on behalf of the City. 7. STATUS REPORT ON PERMIT PARKIN - CAPISTRANO VILLA (570,70) The Report from Jennifer Murray, Assistant to the City Manager, setting forth the status of the proposed permit parking program for the Capistrano Villas neighborhood and advising that consideration of the program was tentatively scheduled for January 4, 1994, was received and filed. 8. MODIFICATION TO CONTRACT FOR YEAR-ROUND FUNDRAISING SERVICES (CALIFORNIA RIVIERA PROMOTIONS) (66.30), As set forth in the Report dated December 7, 1993, from the Director of Community Services, the City's contract with California Riviera Promotions for year-round fundraising services was modified to provide advance payments to California Riviera Promotion of $2,000 per month as payment against commissions received later, for a total advance of $12,500. Written Communications included a letter dated November 29, 1993, from Jane Casanova of California Riviera Promotions in support of the modified contract. 9. REQUEST FOR WAIVER OF FEES FOR PROCESSING GENERAL PLAN AMENDMENT 93-06 PRIMA DESHECHA LANDFILL (COUNTY OF ORANGE) AND GENERAL DEVELOPMENT PLAN (SOLID WASTE FACILITY PERMIT NO. 30 -AB -0191 (440.25) As set forth in the Report dated December 7, 1993, from the Planning Director, the request by Orange County Integrated Waste Management to waive processing fees for General Plan Amendment 9;-1 t, for the Prima Deshecha Landfill was denied. The following item on the Consent Calendar was considered separately, as requested by Council MemNur l ncs: City Council Minutes -4- 12/7/93 0 AGENDA ITEM TO: George Scarborough, City Manager 0 FROM: Thomas Tomlinson, Planning Director December 7, 1993 SUBJECT: Amend Contract C40937, a Year 16 Community Development Block Grant contract, to allow for the remaining $17,692.16 in funds in this contract to be used for design costs and construction improvements of the LaCouague Community Building at 31421 La Matanza Street. By resolution, authorize the Mayor to sign the attached amendment to Contract C40937, a Year 16 Community Development Block Grant, to allow for the remaining $17,692.16 in funds in this contract to be used for design costs and construction improvements of the LaCouague Community Building. SITUATION A. Applicant/Property Owner City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 B. Summary and Recommendation The City entered into Contract C40937 with the County of Orange on January 8, 1991 for a $25,000 Community Development Block Grant to pay for the design costs for the Public Facilities and Improvements project to the LaCouague Community Building (attachment 3). Project improvements included the conversion of garage space into class and meeting rooms, expansion of storage areas and redesign of office space. The project was designed to benefit low and moderate income households in the City. The total costs for the design of the improvements to the LaCouague Community Building only came to $7307.84, which left a remaining grant balance of $17,692.16. Staff requested that the County of Orange re -program these remaining funds so that they could be used for the construction costs of the improvements to the building and for compliance with the Americans With Disabilities Act. The County has agreed to re- program these funds for the City's use and has amended the original contract for this Year 16 project to include the construction costs for the rehabilitation of the building. The attached amended contract includes these changes FOR CITY COUNCIL AGENI J5 0 9 Agenda Item 2 December 7, 1993 (attachment 2). Staff recommends that the City Council authorize the Mayor to sign the amended contract (C40937) in order to allow for the expenditure of the remaining $17,692.16 on the construction of the improvements to the LaCouague Community Building (attachment 1). This grant is a Federal Grant administered by the Department of Housing and Urban Development (HUD) through the Community Development Block Grant program. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS None. FINANCIAL CONSIDERATION The City will benefit financially from the amendment to this contract as it provides the City with an additional $17,692.16 in Federal Community Development Block Grant funds for the construction of the improvements to the City's LaCouague Community Building. PUBLIC NOTIFICATION None required. ALTERNATE ACTIONS 1. Authorize the Mayor to sign the amended contract (C40937), or; 2. Deny authorization for the Mayor to sign the amended contract (C40937), or; 3. Continue the item and direct staff to return with further information on specified issues. 0 0 Agenda Item 3 December 7, 1993 By resolution, authorize the Mayor to sign the attached amendment to Contract C40937, a Year 16 Community Development Block Grant, to allow for the remaining $17,692.16 in funds in this contract to be used for design costs and construction improvements of the LaCouague Community Building. Respectfully submitted, � r9LW�' Thomas Tomlinson, Planning Director Attachments 1. Draft Resolution 2. Contract C40937: Proposed Amended Version 3. Contract C40937: Original Version YRI6COAM.CC RESOLUTION NO. 93-12-7-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE MAYOR TO SIGN AN AMENDMENT TO YEAR 16 COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT C40937 FOR IMPROVEMENT TO THE LACOUAGUE COMMUNITY BUILDING WHEREAS, the applicant, the City of San Juan Capistrano, has requested the re -programming of Year 16 Community Development Block Grant funds to allow their use for the construction of improvements to the Lacouague Community Building to benefit low- and moderate -income households in the City-, and, follows: WHEREAS, the City Council of the City of San Juan Capistrano finds and determines as 1. The proposed amendment to Contract C40937 will benefit the City financially by allowing for the expenditure of $17,692.16 for the construction of the improvements to the Lacouague Community Building. The funds which are to be utilized are in the form of a Federal grant from the Department of Housing and Urban Development and is a Community Development Block Grant. 2. The proposed amendment to the contract will benefit the low- and moderate -income households of the City by providing additional funding to construct the improvements to the Lacouague Community Building, which is the site of a variety of programs which assist these households City-wide. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby authorize the Mayor to sign an amendment to Contract C40937 to utilize $17,692.16 Community Development Block Grant funds from Year 16 for the construction of improvements to the Lacouague Community Building at 31421 La Matann Street. PASSED, APPROVED, AND ADOPTED this 7th dayof December 1993. ZZ z4aa6a� ,90LLPE CAMPBELL, MAYOR ATTEST: i 1- 0 0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 93- 12- 7-1 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 7th day ofDecem=_ 1993 by the following vote: AYES: Council Member Jones, Nash and Mayor Campbell NOES: None ABSTAIN: None ABSENT: Council Members Hausdorfer and Vasquez (SEAL) CHERYL JO S CITY CLERK 111a • N#b 1 51993 4 OUNTY OF s (Z 3 /0,RAN4C1E ENVIRONMENTAL MANAGEMENT AGENCY ,u ULI U HOUSING AND REDEVELOPMENT November 12, 1993 FILE Mary Raskin City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92677 RE: CDBG Contract No. C40937- Amendment Dear Ms. Raskin: MICHAEL M. RUANE DIRECTOR. EMA DHONGCHAI PUSAVAT DIRECTOR OF HOUSING AND REDEVELOPMENT LOCATION, 1200 N. MAIN STREET SUITES 600 8 618 SANTA ANA. CALIFORNIA MAILING ADDRESS. P.O. BOX 4048 SANTA ANA. CA 92702-4048 TELEPHONE: (714) 568-4199 FAX: (714) 568-4202 Transmitted herewith is the Amendment to Contract No. C40937 for execution by your City Council and attested by City Clerk. Upon City's execution, please transmit to County the authorizing resolution or minutes. Upon receipt, a Board of Supervisors hearing will be scheduled for final execution of contract amendment. Please feel free to contact me at 568-4210 should you have any questions. Attachments cc M. Manzo, Chief, HIPS/GM Sl rely yours, Michael Chiaramonte FRIS-Grant Management ATTACHMENT 2 0 0 Y of FEB 2 SIS94 NGE ENVIRONMENTAL MANAGEMENT AGENCY HOUSING AND REDEVELOPMENT February 24,1994 FILE Mary Raskin Assistant Planner City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92677 RE: CDBG Contract No. C40937 - Amendment Dear Ms. Raskin: MICHAEL M. RUANE DIRECTOR, EVA DHONGCHAI PUSAVAT DIRECTOR OF HOUSING AND REDEVELOPMENT LOCATION: 1200 N. MAIN STREET SUITES 600 8 618 SANTA ANA, CALIFORNIA MAILING ADDRESS: P.O. BOX 4048 SANTA ANA, CA 92702-4048 TELEPHONE: (714) 568-4199 FAX: (714) 568-4202 Transmitted herewith is the Amendment to Contract No. C40937 executed by the Director of Housing and Redevelopment. Please feel free to contact me at 568-4210 should you have any questions. Sincerelyyours, "4L czs,14T Michael Chiaramonte HPS-Grant Management Attachments cc: M. Manzo, Chief, HPS/GM • . MICHAEL M. RUANE DIRECTOR. EMA TY O F AIV G E ENVIRONMENTAL MANAGEMENT AGENCY JLI Cl ll HOUSING AND REDEVELOPMENT January 11, 1994, FILE Mary Raskin City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92677 RE: CDBG Contracts No. C40937 - Amendment Dear Ms. Raskin: DHONGCHAI PUSAVAT DIRECTOR OF HOUSING AND REDEVELOPMENT LOCATION: 1200 N. MAIN STREET SUITES 600 8 618 SANTA ANA, CALIFORNIA MAILING ADDRESS: P.O. BOX 4048 SANTA ANA, CA 92702-4048 TELEPHONE: (714)568-4199 FAX: (714) 568-4202 Transmitted herewith is the Amendment to Contract No. C40937 per our discussion. Since your City Council previously approved the amendment, it only requires the Mayor's execution and City Clerk's certification. Because the Director of Housing and Redevelopment executed the original contract, he will execute the amendment. Please feel free to contact me at 568-4210 should you have any questions. Attachments cc M. Manzo, Chief, HPS/GM Sincerely yours, AJ�l 6d4� Michael Chiaramonte HPS-Grant Management 9 Y OF NOV95 1993 ENVIRONMENTAL MANAGEMENTAGENCY y ihii GELlll ULI UL HOUSING AND REDEVELOPMENT November 12, 1993 FILE Mary Raskin City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92677 RE: CDBG Contract No. C40937- Amendment Dear Ms. Raskin: MICHAEL M, RUANE DIRECTOR, EMA DHONGCHAI PUSAVAT DIRECTOR OF HOUSING AND REDEVELOPMENT LOCATION: 1200 N. MAIN STREET SUITES 600 & 618 SANTA ANA, CALIFORNIA MAILING ADDRESS: P.O. BOX 4048 SANTA ANA, CA 92702-4048 TELEPHONE: (714) 568-4199 FAX: (714) 568-4202 Transmitted herewith is the Amendment to Contract No. C40937 for execution by your City Council and attested by City Clerk. Upon City's execution, please transmit to County the authorizing resolution or minutes. Upon receipt, a Board of Supervisors hearing will be scheduled for final execution of contract amendment. Please feel free to contact me at 568-4210 should you have any questions. Sincerely yours,,/: Michael Chiaramonte HPS-Grant Management Attachments cc: M. Manzo, Chief, HPS/GM to DRU! USE 1E osE January 3, 1991 Julia I lavens Conuuunity Development Orange County Environmental Management Agency P. O. Bur 4048 Santa Ana, California 92702-4048 JAft ly I\�OI�1 1776 Re: 16 L Year Community Development Block Grant Agreements Dear Mi. I laveln: MEMBER* OF THE CITY COUNCIL LAWRENCE /. ■UCHHEIM KENNETH E. IRIEEE aANY L. HAUEDORFCR aM JONES JEFF VASQUEZ CITY MANAGER ETEINEN E JULIAN The Cay Council of the City of San Juan Capistrano at its adjourned regular meeting held January 2, 1991, approved the following Housing and Community Development Contracts: Contract No. C40937, Public Facilities and Improvements - Lacouague Community Building, Old Fire Station Complex (P12.50) Year XVI, at $25,000 Contract No. C40938, Mobile Home Rehabilitation (P12.40), Year XVI, at $45,000 Five copies of each Agreement are enclosed. Upon approval of the Board of Supervisors, please return one fully -executed Copy to this office. Thank you for your cooperation. If we can be of further assistance, please Call. Very truly yours,, Cheryl Johnson City Clerk Luc loyures cc: Julia Kunnunau . ,.r - ' wr: i I .IHANO, CALIFORNIA 92675 0 (714) 493.1171 0 0 AGENDA ITEM January 2, 1991 TO: Stephen B. Julian, City Manager FROM: Julia M. Kimminau, Community Development Assistant SUBJECT: Housing & Community Development Block Grant Program - Approval of 16th Year Contracts (FY 90-91) SITUATION: A. Summary and Recommendation - The City has been allocated $70,000 in Housing and Community Development Block Grant (CDBG) funds for Year 16, FY 1990-91. These funds will be used to provide grants for rehabilitation of qualifying mobile homes and design of improvements to the Lacouague Community Building. It is recommended that the attached contracts with the County for the use of these funds be approved by the City Council. B. Bac„karound - The CDBG program provides Federal funds for improvements to housing and public facilities which are of benefit to low and moderate income persons. The 1974 Housing and Community Development Act authorizes cities under 50,000 population, such as San Juan Capistrano, to receive funding through the County HCD program. In 1990, the County Board of Supervisors approved funding for the City's 1990-91 Year 16 program as follows: P12.40 Rehabilitation of Private Properties, (Mobile Homes): $45,000 Mobile Home Rehabilitation Program for low and moderate income residents of the seven mobile home parks in the City P12.50 Public Facilities and Improvements - Lacouague Community Building, Old Fire Station Complex: $25,000 Design of improvements to two buildings to create more class, meeting room and office space. This will primarily benefit the low and moderate income senior citizens who use facilities on a daily basis. FOR CITY COUNCIL AGEND# f / 0 Agenda Item - 2 - January 2, 1991 In order for the City to utilize these funds, an operating agreement must be entered into between the County of Orange and the City of San Juan Capistrano. The agreement outlines the amount of funds, the use of funds, who may qualify, and compliance with employment and labor regulations, non- discrimination, and other similar provisions. The City has entered into these agreements for the past 15 years. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: The Los Rios Review Committee, the Planning Commission, and a Block Grant Committee of Community representatives as well as a Planning Commissioner and a Los Rios Review Committee member approved the 16th Year Application. FINANCIAL CONSIDERATIONS: The City would be reimbursed for expenditures on these projects by the County HCD Office. A public hearing for the 16th Year Application was held in November, 1989. ALTERNATE ACTIONS: 1. Approve the 16th Year Operating Agreements for CDBG funds. 2. Approve the 16th Year Operating Agreements for CDBG funds, subject to modifications. 3. Request additional information from staff. RECOMMENDATION• By motion, authorize the Mayor to execute the 16th Year CDBG Operating Agreements. Respectfully submitted, Julia M. Kimminau Community Development Assistant JMK:rmb