1980-123-Authorizing Execution Of An AgreementRESOLUTION NO. 1980 -1
A RESOLUTION OF TOLTI COUNCIL OF THE T0[dV
OF LOS GATOS AUTHORIZING EXECUTION OF AN
AGREEMENT
RESOLVED, that the Mayor of the Town of Los Gatos is hereby
authorized to execute the attached Joint Powers Agreement to Undertake
or to Assist in the Undertaking of Essential Activities Pursuant to
Title I of the Housing and Community Development Act of 1974.
PASSED AND ADOPTED by the Town Council of the Town of Los Gatos
at
a
regular
meeting held this 15th day of September 1980,
by
the
following
vote:
AYES: COUNCIL MEMBERS: Ruth Cannon, MarLyn J. Rasmussen,
Peter W. Siemens, Brent N. Ventura, and
Thomas J. Ferrito
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ATTEST: : SIGNED: �
0 OF THE TO' r LOS GATOS
CLER�K Or 11i TOWZl OF Los 0
JOINT EXERCISE OF POWERS AGREEMENT AND
COOPERATION AGREEMENT TO UNDERTAKE
OR TO ASSIST IN THE UNDERTAKING OF
ESSENTIAL ACTIVITIES PURSUANT TO
TITLE I OF THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974, AS AMENDED
This agreement by and between the County of Santa Clara and
is made in the light of the following recitals:
A. That Congress has enacted the Housing and Community Development Act of
1974; as amended;
B. That Title I of the Act provides for a new program of community
development block grants;
C. That Title I of the Act makes entitlement grants available to cities with a
population of 50,000 or more persons and to counties that qualify as an urban"
county;
D. That City is not eligible to apply directly for entitlement funds under the
Act but may, by entering into a cooperation agreement with County, qualify
County as an urban county applicant end can thereby receive such funds;
E. That the parties hereto wish to enier Into this agreement to enable the
County of Santa Clara to apply for and receive entitlement funds as an
urban county and to establish the respective rights and obligations of the
contracting part ies to such funds.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
I. Authorities
This agreement is made pursuant to Section 6500 and following of the
California Government Code and constitutes an exercise of powers common
to both City and County, each being empowered to carry out the purposes of
the grant in their own jurisdiction.
This agreement is further made pursuant to the Housing and Community
Development Act of 1974, as amended, and 24 Code of Federal Regulations,
Section 570.105 in particular (39 Federal Register 40141, November 13,
1974).
2. Definitions
The definitions below are intended to assist the parties in making this
agreement. For purposes of simplicity and clearer understanding, some of
the definitions below have been shortened or rephrased from those set forth
in the Act and Regulations thereunder. In the event of any conflict between
the definitions in this agreement and those set forth in the Act and
Regulations, the latter shall govern.
(a) "Act" means Title I of the Housing and Community Development Act of
1974, P.L. 93 -383, as amended.
(b) "Applicant" is the County of Santa Clara applying as an urban county.
(n) "HCD Citizens Advisory Committee" is an advisory committe-- on the
CDBG funded HCD program established by the Board of Supervisors on
the recommendation of the HCD Council Committee. Its adopted role
is "the policy recommending body to the HCD Council Committee on
the planning, monitoring, and evaluation of the HCD program and the
development of a comprehensive, coordinated housing and community
development plan."
(o) "Board of Supervisors" is the legal recipient of the Community
Development Block Grant from HUD and is legally responsible for the
administration of the Urban County HCD Program for Santo Clara
County.
(p) "Citizen Participation Plan" is the plan adopted by the Board of
Supervisors which outlines the opportunities and proce ss for citizen
input on matters dealing with the planning, monitoring, and evaluation
of the Urban County HCD program.
(q) "Project proposals" are requests for CDBG funds submitted by eligible
applicants to implement specific eligible CDBG activi ties, cs defined by
HUD.
(r) "Housing Assistance Plans" (HAP) are prepared every three years by the
Urban County and describes the housing conditions end goals to meet
the housing needs of lower income perons, and identifies specific
housing actions to be taken by the Urban County to fulfill it_ housing
needs. The HAP also serves as a guide for HUD in the distr'uution of
assisted housing resources to communities.
3. Purpose of the Agreement
This agreement is being made to meet the requirements arid purposes of the
Act and Regulations with respect to the application for on entitlement grant
under Title 1 of the Act and to establish the respective rigf�s and obligations
of the parties to such grant.
The purpose of this agreement shall be accomplished in the manner
hereinafter set forth.
4. Cooperation Agreement
The parties hereto agree to undertake or to assist in tine underfa' <ing of
essential activities as defined in the Act and the Reguiatians thereunder for
the term of this agreement. More specifically, the parties hereto agree to
cooperate in undertaking, or to assist in undertaking, essential community
development and housing assistance activities, speciflccily urban renewal
and public assisted housing.
To the extent required by the provisions of the Act and Regulations
thereunder and to -the extent required by the terms of this agreement, City
agrees to comply with all requirements of the application and grant.
K
The County will submit to the City by August 30, 1930, the Joint Powers
Agreement to be signed by the City if it is to participate in the Urban
County program. The County will also give the City, by August 15, 1980, a
notice of the City's right not to be included in the Urban County if the City
so desires. If a City decides not to participate in the Urban County Progra.-n
by not signing a Joint Powers Agreement, it will not be eligible to receive
CDBG funding for the affected program year., The City may terminate its
participation in this cooperation agreement by a single major" y vote of the
governing body. Such termination shall take effect only at the end of the
program year in which the action was taken.
7. Project Proposals
Any and all project proposals for eligible HCD activities totally within the
sphere of influence of a city must be submitted to the city and considered es
a part of the city's project proposal development process_ No project
proposals may be submitted directly to the County by applicants other than
cities for activities to be conducted totally within the sphere of influence of
a city.
Project proposals of a countywide nature may be submitted directly to the
County. Cities shall have the right to review and commen* on oil project
proposals for the funding of countywide HCD eligible activities.
8. Grant Disbursements
City understands and agrees that CDBG funds disburse -d under t his
agreement are the obligation of County end that such obligation of the
County is dependent upon the qualification of the County as an urban county
applicant and upon the availability of federal funds to implement Title I of
the Act. Funds disbursed to the City will be expended on eligible activities
and projects selected through a process developed jointly by the HCD
Council Committee and the Board of Supervisors and described in the
adopted Urban County HCD Plan. The HCD Citizens Advisory Committee
will give advice to the HCD Council Committee prior to HCD Council
Committee actions. The HCD Plan includes a description of prioritized
needs, strategies to address the needs, and a project funding submission and
evaluation process. This process will be used to evaluate all project
proposals according to their ability to address the adopted, prioritized needs
and other criteria described in the adopted Urban County HCD Pian.
After the deadline for submission of Project proposals, the Urban County
staff, composed of members of the County and City HCD staffs, will
evaluate the project proposals according to the approved criteria and make
recommendations on projects to be funded in the sixth and seventh program
years. These recommendations will be reviewed by the HCD Citizens
Advisory Committee, the HCD Council Committee and the Board of
Supervisors. The HCD Citizens Advisory Committee will give its advice on
projects to be funded to the HCD Council Committee prior to actions of the
HCD Council Committee.
5
Circular A -102 as they relate to the application, occeptoc�ce, and use of
federal funds for this federally assisted program and any other records
imposed by County's contract with HCD. All such books, re=zords, files and
accounts shall be made available for inspection at reasonable times and
places by authorized representatives of City and County to authorized
representative of City, County, the Department of Fiousi�ng and Urban
Development or any other person authorized by the Act or t = Regulations.
The Director of Finance of County shall receive and have custody of ail
funds until disbursal of such funds to be made in a manner designated by
County. County shall, by a date no later than 7 days after Teceipt of the
current year funding money, notify City of the manner of disbursal of such
funds.
12. Certification
On or before October 31, 19802 City shall furnish County with those
assurances listed on Form HUD -7068, copy of which, marked Appendix A, is
being attached hereto and made a part hereof. Such certi'`ications to be
furnished by City to County are necessary to enable Count; to make the
required assurances in its application to HUD.
13. Liability and Indemnification
It is expressly understood that, as the applicant to HUD, Co�;nty must take
the full responsibility and assume all obligations of on applicant under the
Act and that HUD will look only to the County in this regc.rd_ However,
County assumes no responsibility toward City for any faiiwre to qualify
under the Act as an urban county. Further, County assumes nco responsibility
towards City for any failure to include City in the application as a result of
City's failure to supply County with information necessary to prepare and
file the application, or as a result of City's failure to supply County with
such information upon designated dates, or as a result of Citty's failure to
comply with the Act and the Regulations.
Unless the acts of County employees, officials, or their repressentotives are
involved in the action or the County authorized the acts of the City, the city
shall indemnify and hold County harmless from any liability, loss or damage
suffered as a result of claims, demands, costs or judgments against it arising
out of the failure of City to conform to the requirements of the Act,
Regulations or other applicable laws; or arising out of Ci.`y's failure to
perform any of the obligations under the application; or tnrising out of
anything done or omitted to be done by City under or in conne-::�tion with the
work done on any of City's projects.
14. Discretioncry Act ions
Nothing herein contained shall be construed to prohibit t, ^.e City from
exercising its discretion on any legislative quasi- judicial c.)d /or admini-
strctive matter (including but not limited to any action invol wing zoning or
General Plan amendments)
1l
IN WITNESS WHEREOF, parties hereto have executed this agreement on the
dates set forth below.
Date:
ATTEST: DONALD M. RAINS
Clerk, Board of Supervisors
APPROVED AS TO FORM
�7
onald Felton
Deputy County Counsel
Date:
ATTEST:
City Clerk
i
0
COUNTY OF SANTA CLARA
By
Chairperson, Board of Supervisors
CITY OF
By L� 4
cirmcn, City nail
P6c --
U.S. Department of Housing and Urban Development
Community Development SIOCe Gcant
Entitlement G' rants Program
Assurances
The applicant hereby assures and certifies that,
(a) It possessea legal authority to apply for the
Proposed program,
grant, and to execute the
(b) Its 90verninq body has duly adopted or
lution, motion or similar passed as an
action authorizing the filing of
includinq all and erstandin s official act a.reso-
authorizing the q and assurances contained therein$ aPPlication,
to act in Person identified as the official rapranvntativand directing
connection with the application and
lion as may be required, and to provide such the applicant
additional infocma-
modifiedlb has complied with all the requirements of OH8
v 24 CFR 570.310 and Chat either; Circular No,
A -95 as
attache Any comments and recommendations made b
d and 'nave been considered prior to submissio Y or through clearinghouses are
(2) The required application; or
n received. been followed and no c
tigns have been procedures ha n of the ve bomments or
recommends-
(d) Prior to submission of its application, the applicant has:
(1). Prepared a written citizen participation Plan, which,
(i) Provides an opportunity for citizens [o
Of the application, encourages the submission
by residents of bli ht= Participate in aI4 development
4 d neighborhoods and °f views and pr3posais,
provides for timely re3Donsea to h citizens of law- and mod¢ Particularly
at times and locations which t.e Proposals submitted, 'ate - income,
permit broad and Bch edUleo hearings
(ii) Provides part= cipation,
funds available fgrcitizens with adaGuate information concernin
range of activities that° °d community development and h 9 the teas, of
ments; may be unde-r>_eken, ouBirg activities, the
and other ±.Port ant program requ,ire-
�iievelormeides foe Public hearings to obtain the views of citizens on commu-
(iv) Provides citizens wich an oPp°rtuniry to submit c°.;,me,
community development performance of the applicant, erring the Pla nts cone
in develop,enteO this aappl is a manner to achieve full {2) Follow
achieve full citizen Participation rticip tion The applicant shall P alsocfpatior, of citizens
Participation in all other stages of o -Oo, this
(e) Its Plan [o
HUD: chief executive officer or other officer of aPPlecantt approved by
(1) Consents to assume the status of a responsible Feder:
National f7nvir onmental Policy Act of 19b9 insofar as ibv r
apply to 24 CFa 570; '+1 official under the
Provisions of such Act
(2) Is authorized and consents on behalf of
accept the jurisdiction of the Federal coy
his responsibilities the applicant. and himself co
possibilities as Such an o .lets for the put Pose f
official. P o_ enforcement of
Gage 1 of 4
HUD -7059 (5 -74)
11111
(4) Fxecutive Order 11063 on equal opportunity in housing and nondiscrimina-
tion in the sale or rental of housing built with Federal assistance.
(5) Executive Order 11246, and the regulations. issued pursuant thereto (24
CFR Part 130 and 41 CFR Chapter 60) , and Section 4(b) of the Grant Agreement,
which provides that no person shall be discriminated against on the basis of race
color, religion, sex or national origin in all phases of vmploy.ment durinq the
performance of Fadural of federally asslstad construction contracts. Contractors
and aubcontr actors on Fsder al and fader a l I as a to It sd construction contracts shall
tnks affirmative action to insure fair treatment in amplovmwnt, upgrading, damo-
tion, or transfers recruitment or recruitment advertiaings layoff or t4rminatlou,
rates of pay or other forms of compensation and aelsctien for training and
apprenticeship.
(m) It 'will comply with Section 3 of the Housing and Urban Development Act of
1968, as amended, reouiring that to the great -eat extant feasible opportunities
for training and employment be given to lower- income rasidants of the project
area and contracts for work in connection with the project be awarded to eligible
business concerns which are located in, or owned in substantial part by, persona
residing in the area.of the project.
(n) It will:
( 1 ) To the greatest extent practicable under State law, comply with Sections
301 and 302 of Title III ( Uniform Real Property Acquisition Policy) of the Uni-
form Relocation Assistance and Peal Property Acquisition Policies Act of 1970 and
will comply with Sections 303 and 304 of Title III, acrd HUD implementing instruc-
tions at 24 CFA Part 42; and
(2) Inform affected persons of their rights and of the acquisition policies
and procedures Set forth in the regulations at 24 C7R Part 42 and 5570.6O2(b).
(o) It will:
(1) Comoly with Title II (Uniform Relocation Assistance) of the Uniform Relo-
cation Assistance and Peal Property Acquisition policies Act of 1970 and HuD
implementing requlations at 24 CFR Part 42 and 5570.502(a);
(2) Provide relocation payments and offer relocation assistance as described
in Section 205 of the Uniforn Relocation Assistance Act to all :;arsons displaced
as a result of acquisition of real property for an activity assisted ender the
Community Development Block Grant program. Such payments and assistance shall be
provided in a fair and consistent and equitable manner that insures that the
relocation process does not result_ in different or separate treatment of such
persons on account of race, color, religion, national origin, sex, or source of
income;
(3) Assure that, within a reasonsbie period of time prior to disolacement,
co.mcarable 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, stational
origin, sex, or source of income; and
( 4 ) Inform affected persons of the relocation assistance, policies and proce-
dures set forth in the regulations at 24 CPR Part 42 and 24 CFR 570.602(a).
(p) It will establish safeguards to prohibit employees from using positions
for a purcose that is or gives the appearance of being motivated by a desire for
privatt e qain for themselves or others, particularly those with whom they have
family, business, or other ties.
page 3 of 4 HUD -7063 (6 -75)
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