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
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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).
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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
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• • 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
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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
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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.
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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
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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
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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
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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
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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
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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.
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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.��
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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
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I` Contract No. C40937
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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
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• . 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.
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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
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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.
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• • 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
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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
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• 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
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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
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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
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• 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
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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
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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
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. 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