23-0516_ORANGE, COUNTY OF_Agenda Report_E10City of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: Benjamin Siegel, City Manager
SUBMITTED BY: Joel Rojas, Development Services Director
PREPARED BY: Laura Stokes, Housing Supervisor / Associate Planner
DATE: May 16, 2023
SUBJECT: Cooperation Agreement Amendment with the County of Orange for
Continued Participation in the Urban County Cooperation Program
for the Pursuit of Federal Grant Funding Opportunities; and, Finding
Said Action is Categorically Exempt from the California
Environmental Quality Act (CEQA) per CEQA Guidelines Section
15061(b)(3).
RECOMMENDATION:
1.Approve and authorize the City Manager to execute a Cooperation Agreement
Amendment (Attachment 1) with the County of Orange, substantially in the form
attached, for continued participation in the Urban County Cooperation Program,
which would enable the City to continue partnership with the County for federal
grant funding opportunities related to housing;
2.Authorize the City Manager to execute all related documents necessary to extend
the Cooperation Agreement;
3.Finding that said actions are exempt from CEQA pursuant to CEQA Guidelines
Section 15061(b)(3).
EXECUTIVE SUMMARY:
The City currently contracts with the County of Orange for participation in the Urban
County Cooperation Program. This partnership enables the City to apply through the
County for federal grant funding opportunities, such as the Community Development
Block Grant (CDBG) program, typically related to public improvements and housing. The
City’s current Cooperation Agreement expires on June 30, 2023, and the County has
provided an Amendment to extend the Agreement for another three years, through June
5/16/2023
E10
City Council Agenda Report
May 16, 2023
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30, 2026. The Amendment is required to be approved by the City Council and submitted
to the County by June 1, 2023.
DISCUSSION/ANALYSIS
The federal CDBG program provides annual grants on a formula basis to states, cities
and counties to develop viable communities by providing decent housing and expanded
economic opportunities for low- and moderate-income households. In the mid 1990s, the
City of San Juan Capistrano elected to apply directly to the State for CDBG funds as
opposed to receiving funds through the County. Since that time, the City has successfully
applied for and received federal grant funding through the State for various housing and
community development programs. From 1998 to 2004, the City was awarded $2.35
million in CDBG funds which were used for “First Time Home Buyer” and “Owner-
Occupied Rehabilitation” programs for lower income households, as well as toward the
27-unit Habitat for Humanity residential development. From 1999 to 2011, the City was
awarded $3.7 million in HOME Investment Partnership Program funds, which are still
being used today to provide 0% interest loans for home repair to lower income
households.
Beginning in Fiscal Year 2020/2021, the City began partnering with the County through
its Urban County Cooperation Program for available CDBG monies (Attachment 2). This
format is more typical for a city of our size, and the change was made to take advantage
of additional funding opportunities. The Urban County Cooperation Program allows
Orange County jurisdictions to partner with the County for CDBG, HOME, and other
housing opportunities made available on an entitlement basis from the federal
Department of Housing and Urban Development (HUD). Through the partnership with the
County, the City has already been awarded $350,000 in CDBG funds for public service
projects in the City’s downtown (including ADA-compliant ramps and crosswalk
improvements).
The City’s current Urban County Cooperation Program Agreement with the County runs
through June 30, 2023. Participating cities can extend the agreement through June 30,
2026, by approving an amendment to the original agreement. The County has provided
Amendment 1 to the Urban County Cooperation Program Agreement for the City
Council’s consideration as described further in a recent letter from OC Community
Resources (Attachment 3). Staff supports continuing the partnership with the County as
it increases the potential for future funding and provides the City with a more accessible
resource of experienced staff to answer technical questions and address any necessary
grant reporting requirements. Therefore, staff recommends that the City Council approve
and authorize the City Manager to execute Amendment 1 to the Cooperation Agreement,
substantially in the form attached, for continued participation in the Urban County
Cooperation Program through June 30, 2026, as well as authorize the City Manager to
execute any additional documentation necessary to extend the Cooperation Agreement.
FISCAL IMPACT:
City Council Agenda Report
May 16, 2023
Page 3 of 3
There would be no fiscal impact resulting from the City’s continued participation in the
Urban County Cooperation Program. The City will have annual opportunities to apply for
federal grant funds through the County.
ENVIRONMENTAL IMPACT:
In accordance with CEQA, the recommended action is exempt from CEQA per Section
15061(b)(3), the general rule that the CEQA applies only to projects which have the
potential for causing a significant effect on the environment. Where it can be seen with
certainty that there is no possibility that the activity in question may have a significant
effect on the environment, the activity is not subject to CEQA. Extending a Cooperation
Agreement with the County of Orange would not be an activity with potential to cause
significant effect on the environment, and therefore is exempt from CEQA.
PRIOR CITY COUNCIL REVIEW:
On July 7, 2020, the City Council approved and authorized the City Manager to execute
a Cooperation Agreement with the County of Orange for participation in the Urban County
Cooperation Program.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
NOTIFICATION:
County of Orange, Julia Bidwell
ATTACHMENT(S):
Attachment 1 – Proposed Urban County Cooperation Agreement Amendment 1
Attachment 2 – Current Urban County Cooperation Agreement
Attachment 3 – Orange County Community Resources Letter
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ATTACHMENT 1
AMENDMENT ONE TO
COOPERATION AGREEMENT BETWEEN
THE COUNTY OF ORANGE
AND
CITY OF SAN JUAN CAPISTRANO
This Amendment Number ONE (hereinafter “Amendment ONE”) is made and
entered into by the County of Orange, a political subdivision of the State of California,
(“COUNTY”) and CITY OF SAN JUAN CAPISTRANO, a municipal corporation, (“CITY”),
IEU Number _____________ which are sometimes individually referred to as “Party”
or collectively referred to as “Parties”, and is effective as of July 1, 2024, hereinafter
referred to as “EFFECTIVE DATE”.
WHEREAS, COUNTY and CITY executed that certain COOPERATION AGREEMENT
“Small-City” (hereinafter, as amended, “Original Agreement” or “Agreement”) for
commencement July 1, 2020; and
WHEREAS, U.S. Department of Housing and Urban Development (“HUD”) Notice
CPD-23-02 allows “automatic” renewals for up to three years provided that COUNTY
sends a letter to CITY notifying it that the Original Agreement will be renewed unless
CITY notifies COUNTY that it wishes to terminate the agreement and a copy of such
a letter is provided to HUD; and
WHEREAS, COUNTY sent CITY a letter notifying CITY of such renewal on April 28,
2023; and
WHEREAS, CITY did not advise COUNTY that it wished to terminate the Original
Agreement with County; and
WHEREAS, the Parties agree to further amend the Original Agreement at this time
in the manner set forth herein.
NOW, THEREFORE, the Parties hereby agree as follows:
I. Modifications to the Original Agreement
1. Section 2 of the Original Agreement is amended in its entirety as follows:
“COUNTY shall have the authority to carry out activities, which will be
funded from annual Community Development Block Grant (CDBG), Home
Investment Partnership (HOME) and Emergency Solutions Grant (ESG)
Program funds appropriated for Fiscal Years 2024-2025, 2025-2026 and
2026-2027 and from any program income generated from the expenditure
of such funds.”
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2. Section 6 of the Original Agreement shall be amended to add subsection
(c.) as follows:
“c. A policy to undertake or assist in undertaking, community renewal
and lower-income housing assistance activities.”
3. Section 9 of the Original Agreement shall read as amended in its entirety
as follows:
“This Agreement shall cover Fiscal Years 2024-2025, 2025-2026 and 2026-
2027, respectively of CDBG, HOME and ESG program applications, including
any subsequent Supplemental sources (Paragraph 23 of the Agreement).
In no event shall this agreement be terminated by either Party before June
30, 2027, except as allowed in legislation enacted by the U.S. Congress for
termination or withdrawal from the Urban County Program and as permitted
by HUD.
This Agreement remains in effect until the CDBG (and, where applicable,
HOME and ESG) funds and program income received (with respect to
activities carried out during the three-year qualification period, and any
successive qualification periods under agreements that provide for
automatic renewal) are expended and the funded activities completed, and
the COUNTY and CITY cannot terminate or withdraw from this Agreement
while it remains in effect.”
4. Section 10 shall be added to Agreement to read:
“In accordance with HUD Notice CPD 23-03, and subsequent CPD Notices,
this Agreement will be automatically extended for an additional 3 (three)
year period (July 1, 2024 to June 30, 2027) unless COUNTY or CITY
provides written notice that it elects not to participate in a new qualification
period. A copy of the notice must be sent to HUD Field Office. COUNTY shall
notify CITY in writing of its right not to participate any longer than the date
specified in HUD’s Urban County Qualification Notice for the next
qualification period.”
5. Section 11 of the Original Agreement is amended to read:
“CITY and COUNTY agree to adopt amendments (s) to this Agreement as
may be required by HUD to meet any new Urban County Qualification
requirement(s) subsequent to June 30, 2024 and to submit such
amendments to HUD. The COUNTY will notify CITY of its right to terminate
its participation in the program based on the adoption of any such
amendment. If either CITY or COUNTY refuses to adopt any such
amendment, this automatic renewal provision herein will be void.”
6. Section 14 of the Original Agreement is amended to add subsection (d) as
follows:
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“d. May receive a formula allocation under the ESG Program only through
the Urban County.”
7. Section 24 of the Original Agreement is amended to read:
“CITY may void this Agreement only if it submits to COUNTY on or before
June 2023 the notification from HUD that CITY has qualified as a
“Metropolitan City” or an “Entitlement City” prior to the completion of the
re-qualification process for Fiscal Years 2024-25, 2025-2026, and 2026-
2027. Upon such notification by HUD, CITY also must submit to COUNTY
and HUD written notification of its decision to either remain in the Urban
County Program as a “Metropolitan City” or become an “Entitlement City”
as a separate entity.”
II. Additional Agreements
1. The COUNTY and the CITY agree to cooperate to undertake, or assist in
undertaking, community renewal and lower-income housing assistance
activities.
2. The COUNTY and the CITY shall take all actions necessary to assure
compliance with the COUNTY’S certification under section 104(b) of Title I
of the Housing and Community Development Act of 1974, that the grant
will be conducted and administered in conformity with Title VI of the Civil
Rights Act of 1964 and the Fair Housing Act and will affirmatively further
fair housing as required under See 24 CFR 91.225(a) and 5.105(a). The
Parties shall comply with section 109 of Title I of the Housing and
Community Development Act of 1974, which incorporates Section 504 of
the Rehabilitation Act of 1973 of Title II of the Americans with Disabilities
Act, the Age Discrimination Act of 1975, and Section 3 of the Housing and
Urban Development Act of 1968, and all other applicable laws. The Parties
agree that no urban county funding will be used for activities in, or in
support of, any cooperating unit of general local government that does not
affirmatively further fair housing within its own jurisdiction or that impedes
the COUNTY’S actions to comply with the COUNTY’S fair housing
certification. The Parties acknowledge and agree that noncompliance by a
unit of general local government included in an urban county may
constitute noncompliance by the grantee (i.e., the urban 14 county) that
can, in turn, provide cause for funding sanctions or other remedial actions
by the Department.
3. The CITY, and all other applicable units of general local government, may
not sell, trade, or otherwise transfer all or any portion of such funds to
another such metropolitan city, urban county, unit of general local
government, or Indian tribe, or insular area that directly or indirectly
receives CDBG funds in exchange for any other funds, credits or non-
Federal considerations, but must use such funds for activities eligible under
title I of the Act.
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4. All other provisions of the Original Agreement, as amended, a copy of which
is attached hereto as Exhibit A and incorporated by this reference, to the
extent they are not inconsistent with this Amendment SIX, remain
unchanged and in full force and effect.
IN WITNESS WHEREOF, CITY has caused this Amendment ONE to be executed by its
City Manager and attested by its City Clerk; COUNTY has caused this Amendment
FIVE to be executed by the Director of the Orange County Community Resources;
each having been duly authorized by the CITY Council and the COUNTY Board of
Supervisors, respectively.
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ATTEST:
City of , a municipal
Corporation in the State of California
By: By:
Name: Name:
Title: City Manager Title: City Clerk
Date: Date:
COUNTY OF ORANGE, a political
subdivision of the State of California
By:
Dylan Wright, Director
Orange County Community Resources
Date:
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ORIGINAL FORM CONTRACT
APPROVED AS TO FORM and REQUIRED COUNTY COUNSEL STATEMENT:
“The terms and provisions of the agreement are fully authorized under State and
local law and the agreement provides full legal authority for the County.”
By: Deputy County Counsel Date: __________
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Attachment: HUD 424-B
ATTACHMENT 2
NOW, THEREFORE, the Parties agree as follows:
1.This Agreement shall constitute a cooperation agreement between the Parties
within the meaning of Section 102 (a)(b) of the ACT. The parties agree to cooperate to undertake, or
assist in undertaking, activities which might include, but are not limited to, (1) acquisition of property
for disposition for private reuse, especially for low - and moderate -income housing, (2) direct
rehabilitation of , or financial assistance to , housing, (3) low rent housing activities, (4) disposition of
land to private develope rs for appropriate redevelopment, and (5) condemnation of property for low
income housing-community.
2.COUNTY shall have the authority to carry out activities, which will be funded from
annual CDBG or HOME Program funds appropriated for Fiscal Years 2021-2023 and from any
program income generated from the expenditure of such funds.
3.COUNTY shall have final responsibility for selecting activities and annually filing the
grant application (i.e. Annual Action Plan) with HUD. In the preparation of said application, COUNTY
shall give due consideration to CITY's analysis of community development needs and proposed activities.
4.COUNTY certifies that it is following an adopted Consolidated Plan as required by 24 CFR
Part 91 and 24 CFR Part 570.306.
5.Since HUD will not accept an agreement including a provision for veto or other
restriction which would allow any party to obstruct implementation of the Consolidated Plan, both
COUNTY and CITY shall attempt to fulfill housing goals established by the HUD approved Consolidated
Plan for the period of this Agreement.
6.CITY acknowledges that it has adopted and is enforcing:
a.A policy prohibiting the use of excessive force by law enforcement agencies
within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations;
and
b. A policy of enforcing applicable State and local laws against physically barring
entrance to or exit from a facility or location which is the subject of such non-violent civil rights
demonstrations within jurisdictions.
7. The COUNTY and the CITY shall take all actions necessary to assure compliance with the
COUNTY’S certification under section 104(b) of Title I of the Housing and Community Development Act
of 1974, that the grant will be conducted and administered in conformity with Title VI of the Civil Rights
Act of 1964 and the Fair Housing Act and will affirmatively further fair housing as required under See 24
CFR 91.225(a) and 5.105(a). The Parties shall comply with section 109 of Title I of the Housing and
Community Development Act of 1974, which incorporates Section 504 of the Rehabilitation Act of 1973
FY 2021-23 Cooperation Agreement
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Attachment O
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DocuSign Envelope ID: 23F76D1B-3D47-4FF1-8242-F709A1D1B039
FY 2021-23 Cooperation Agreement
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of Title II of the Americans with Disabilities Act, the Age Discrimination Act of 1975, and Section 3 of the
Housing and Urban Development Act of 1968, and all other applicable laws. The Parties agree that no urban
county funding will be used for activities in, or in support of, any cooperating unit of general local
government that does not affirmatively further fair housing within its own jurisdiction or that impedes the
COUNTY’S actions to comply with the COUNTY’S fair housing certification. In the event COUNTY’s
Urban County application is approved by HUD, COUNTY shall contract with the CITY to utilize any such
grant funds received from HUD which are attributable to activities administered by CITY, unless another
form of allocation is required by HUD.
8.This Agreement shall cover Program Years 2021 - 2023 (Fiscal Years 2021 - 2023 ,
respectively) of CDBG and HOME program applications, including any subsequent Supplemental
sources (Paragraph 2 4 below). In no event shall this Agreement be terminated by either party before
July 24, 202 4, except as allowed in legislation enacted by the U.S. Congress for termination or
withdrawal from the Urban County Program and as permitted by HUD.
9.CITY and COUNTY agree to adopt amendment(s) to this Agreement as may be required
by HUD to meet any new Urban County Qualification requirement(s) subsequent to July 24, 2020. The
COUNTY will notify CITY of its right to terminate its participation in the program based on the adoption
of any such amendment. If either CITY or COUNTY refuses to adopt any such amendment, this automatic
renewal provision herein will be void.
10.This Agreement shall cover Program Years 2021 - 2023 (Fiscal Years 2021 - 2023,
respectively) of CDBG and HOME program applications, including any subsequent Supplemental sources
(Paragraph 24 below). In no event shall this Agreement be terminated by either party before July 24,
2024 , except as allowed in legislation enacted by the U.S. Congress for termination or withdrawal
from the Urban County Program and as permitted by HUD . The eligible activities to be undertaken
during the term of this Agreement will be chosen by CITY from those authorized by HUD Rules and
Regulations governing the CDBG and HOME Programs and any regulations which may be applicable to
future Supplemental Federal Programs.
11.The parties agree to comply with the requirement(s) of the CDBG and HOME
Programs, including laws and policies applicable to said Programs.
12.CITY acknowledges and agrees, by its executing this Agreement, as follows :
a.City m ay not apply for grants from appropriations under the Small Cities or
State CDBG Programs for fiscal years during the period in which it participates in the COUNTY'S
CDBG program and;
Attachment O
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DocuSign Envelope ID: 23F76D1B-3D47-4FF1-8242-F709A1D1B039
b. City may not participate in a HOME consortium except through the Urban
County, regardless of whether the Urban County currently received a HOME formula allocation.
c. City may not terminate or withdraw from this Agreement while it remains in
effect until the CDBG and HOME funds and income received with respect to the three-year
qualification period (and any successive qualification periods under agreements that provide for
automatic renewals) are expended and the funded activities are completed.
13. In accordance with HUD Notice CPD 20-03, and subsequent CPD Notices, this
Agreement will be automatically extended for an additional three (3) year period (i.e. from July 1, 2024 to
June 30, 2027) unless COUNTY or CITY provides written notice that it elects not to participate in a new
qualification period, COUNTY shall notify CITY in writing of its right not to participate any longer than
the date specified in HUD’s Urban County Qualification Notice for the next qualification period.
15. a. CITY must inform COUNTY, through periodic reports requested by COUNTY,
of any income generated by the expenditure of Program funds received by the CITY. Pursuant to applicable
federal requirements, such program income must be paid to the COUNTY. CITY may retain such program
income only if agreed upon by COUNTY and used exclusively for eligible activities as determined by the
COUNTY and in accordance with all CDBG and HOME Program requirements as may then apply.
b. CITY shall keep and maintain appropriate records on the use of program income
as required by COUNTY as the COUNTY has the res ponsibility of monitoring and reporting
program income to HUD.
c. In the event of close-out or change in status of CITY, any program income at that
time or received subsequent to the clos e-out or change in status shall be paid by CITY to th e
COUNTY within ninety (90) days after the expiration of the term of this Agreement.
16. a. Any proposed modification or change of use of any real property acquired or
improved in whole or in part by the CITY using CDBG funds (from the use planned at the time of
acquisition or improvement), including disposition, must be reported by CITY to the COUNTY.
COUNTY may approve the proposed modification or change of use. CITY shall not implement the
modification or change in use without COUNTY approval .
b. Should the disposition, sale or transfer of such real property acquired or
improved in whole or in part using CDBG or HOME Program funds result in a use which does not
qualify under CDBG or HOME Program regulations, the CITY shall reimburse COUNTY in the
amount equal to the then current fair market value of the property (less any portion thereof
attributable to expenditure of non-CDBG/HOME funds).
FY 2021-23 Cooperation Agreement
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Attachment O
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DocuSign Envelope ID: 23F76D1B-3D47-4FF1-8242-F709A1D1B039
c. Any program income generated from the disposition, transfer or sale of such
property prior to or subsequent to the close-out, change of status or termination of the cooperation
agr eem en t be tw een th e COUNTY and CITY m ay b e e it he r us ed b y CITY fo r o the r s pe cif ic
eligible activities in the CITY or paid to the COUNTY for other eligible Urban County activities,
determined in advance of the expenditure at the discretion of the COUNTY.
17. a. The City shall have the authority to carry out activities, which were funded
from annual CDBG or HOME Program funds appropriated for Fiscal Years prior to FY 2021-23_ and
from any program income that was generated from the expenditure of funds prior to FY 2021-24.
b. CITY shall keep and maintain appropriate records on the use of prior program
income as required by HUD and has responsibility of monitoring and reporting program income to
HUD.
18. a. CITY shall indemnify, hold harmless, and defend with counsel approved in writing
by COUNTY, its officers, agents and employees against all liability, claims, losses, demands and actions
for injury to or death of persons or damage to property arising out of or alleged to arise out of or in
consequence of this Agreement including attorneys' fees, provided such liability, claims, demands, losses
or actions are due to the acts or omissions of CITY, its officers, agents or employees in the performance of
this Agreement, including any activities conducted by CITY under its application.
b. In addition, CITY shall indemnify, defend with counsel approved in writing by
COUNTY, and hold harmless COUNTY against any liability, claims, losses, demands, and actions
in cl ud ing a tt or ney s’ f ee s i ncur re d by COUNTY as a r es ul t of a d ete rm in at io n by HUD tha t
activities undertaken by CITY under CITY's application failed to comply w ith any law s,
regulations, or policies applicable thereto or that any funds forwarded to CITY under this Agreement were
improperly expended.
c. The provisions of Section 2778 of the California Civil Code, as said section exists
on the effective date of this Agreement, shall be applicable to the above indemnification provisions.
Transmittal to CITY of any pleadings served upon COUNTY shall be deemed to be a request to defend.
19. a. COUNTY shall indemnify, hold harmless and defend with counsel approved in
writing by CITY, its officers, agents and employees against all liability, claims, losses, demands and actions
for injury to or death of persons or damage to property arising out of or alleged to arise out of or in
consequence of this Agreement, provided such liability, claims, demands, losses or actions are due to the
acts or omissions of COUNTY, its officers, agents or employees in the performance of this Agreement,
including any activities conducted by COUNTY under its application.
FY 2021-23 Cooperation Agreement
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Attachment O
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DocuSign Envelope ID: 23F76D1B-3D47-4FF1-8242-F709A1D1B039
FY 2021-23 Cooperation Agreement
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b.In addition, COUNTY shall indemnify, defend with counsel approved in writing
by CITY, and hold harmless CITY against any liability, claims, losses, demands, and actions including
attorney's fees incurred by CITY as a result of a determination by HUD that activities undertaken by
COUNTY under COUNTY's application failed to comply with any laws, regulations, or policies
applicable thereto or that any funds forwarded to COUNTY under this Agreement were improperly
expended.
c.The provisions of Section 2778 of the California Civil code, as said section exists
on the effective date of this Agreement, shall be applicable to the above indemnification provisions.
Transmittal to COUNTY of any pleadings served upon CITY shall be deemed to be a request to defend.
20. a. COUNTY shall have the right to periodically audit CITY's records to determine
compliance with this Agreement.
b.CITY shall forward to COUNTY a copy of each annual audit of the CITY
conducted by an independent public auditor during the period of this Agreement as soon as the audit report
becomes available. COUNTY shall have the right to ensure that necessary corrective actions are made by
CITY for any audit findings pertinent to CITY handling of CDBG Program funding pursuant to federal
requirements.
21.No CDBG or HOME Program funds shall be expended on any activity, which does not
affirmatively further fair housing goals within CITY.
22.Pursuant to 24 CFR Part 570.501(b) of CDBG and 24 CFR Part 92.504 of HOME program
regulations, CITY is subject to all requirements applicable to subrecipients, including the requirement of a
written agreement set forth in 24 CFR Part 570.503 of CDBG and 24 CFR Parts 92.505-509 of HOME
program regulations.
23.The CITY, and all other applicable units of general local government, may not sell, trade,
or otherwise transfer all or any portion of such funds to another such metropolitan city, urban county, unit
of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds
in exchange for any other funds, credits or non-Federal considerations, but must use such funds for activities
eligible under title I of the Act.
24.This Cooperation Agreement shall apply to any supplemental program which HUD makes
available through the CDBG or the HOME Programs.
25.CITY may void this Agreement only if it submits to COUNTY on or before July 24, 2020
the notification from HUD that CITY has qualified as a "Metropolitan City" or an "Entitlement City" prior
to the completion of the re-qualification process for Fiscal Years 2021-23. Upon such notification by HUD,
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DocuSign Envelope ID: 23F76D1B-3D47-4FF1-8242-F709A1D1B039
FY 2021-23 Cooperation Agreement
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CITY also must submit to COUNTY and HUD written notification of its decision to either remain in the
Urban County Program as a "Metropolitan City" or become an "Entitlement City" as a separate entity.
26.Any notices, requests or approvals given under this Agreement may be personally delivered
or deposited with the United States Postal Service for mailing, postage prepaid, registered or certified mail,
return receipt requested to the following address:
COUNTY
County of Orange
__________________________
__________________________
Attn: _____________________
CITY
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano CA 92675
Attn: City Manager
Any Party may change its address for notice by giving written notice thereof to the other Parties.
27.This Agreement contains the entire Agreement of the Parties with respect to the subject
matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may
only be modified by a writing signed by all Parties.
28.No supplement, modification, or amendment of this Agreement shall be binding unless
executed in writing and signed by all Parties.
29.This Agreement shall be governed by the laws of the State of California. Venue shall be
in Orange County.
30.Since the Parties or their agents have participated fully in the preparation of this
Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and
not strictly for or against any Party. Any term referencing time, days or period for performance s hall be
deemed calendar days and not workdays. All references to a Party or the Parties include all elected officials,
officers, personnel, employees, agents, and volunteers except as otherwise specified in this Agreement. The
captions of the various sections of this Agreement are for convenience and ease of reference only, and do
not define, limit, augment, or describe the scope, content, or intent of this Agreement.
31.Time is of the essence for each and every provision of this Agreement.
32.No waiver of any default shall constitute a waiver of any other default or breach, whether
of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or
performed by a Party shall give the other Parties any contractual rights by custom, estoppel, or otherwise.
Attachment O
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DocuSign Envelope ID: 23F76D1B-3D47-4FF1-8242-F709A1D1B039
1501 E. St. Andrew
Place, 1st Floor,
Santa Ana, CA 92705
Attn: Community Develo
FY 2021-23 Cooperation Agreement
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33.There are no intended third-party beneficiaries of any right or obligation assumed by the
Parties.
34.If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by
a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
35.Each Party warrants that the individuals who have signed this Agreement have the legal
power, right, and authority to make this Agreement and bind each respective Party.
36.If a dispute arises between the Parties relating to this Agreement (a “Dispute”), the Parties
agree to use the following procedure prior to pursuing other legal remedies: A meeting among the Parties
shall promptly be held in Orange County, California. Attendees representing each of the Parties shall be
senior staff members of each of the Parties who can recommend that each of the Parties’ Board of Directors
approve any proposed resolution. The representatives of the Parties will attempt in good faith to negotiate
a resolution of the dispute.
37.Two (2) or more duplicate originals of this Agreement may be signed by all the Parties
hereto, each of which shall be an original but all of which together shall constitute one and the same
instrument.
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DocuSign Envelope ID: 23F76D1B-3D47-4FF1-8242-F709A1D1B039
FY 2021-23 Cooperation Agreement
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IN WITNESS WHEREOF, CITY has caused this Agreement to be executed by its Mayor/City
Manager and attested by its City Clerk; COUNTY has caused this Agreement to be executed by the Director
of the Housing and Community Development Department; each having been duly authorized by the CITY
Council and the COUNTY Board of Supervisors, respectively.
_______________________________
ATTEST:
CITY OF San Juan Capistrano, a municipal By:
Corporation in the State of California Name: Maria Morris
By: ___________________________ Title: City Clerk
Name: Benjamin Siegel Date: _____________________
Title:
Date: _____________________
COUNTY OF ORANGE, a political subdivision of
the State of California
By:_________________________________________________
Title:____________________________________
Date: _____________________
ORIGINAL FORM CONTRACT
APPROVED AS TO FORM and REQUIRED COUNTY COUNSEL STATEMENT:
"The terms and provisions of the agreement are fully authorized under State and local law and the agreement
provides full legal authority for the County."
By: _____________________ Date: _____________________
Deputy County Counsel
Attachment O
PAGE 9 of 9
DocuSign Envelope ID: 23F76D1B-3D47-4FF1-8242-F709A1D1B039
6/25/2020
7/28/2020
City Manager
7/28/2020
8/6/2020
Director
ATTACHMENT 3