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1993-116-"Joint Exercise Of Powers Agreement And Cooperation Agreement To Undertake Or To Assist Pursuant To Title I"RESOLUTION 1993 - 116 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AGREEMENT WITH THE COUNTY OF SANTA CLARA ENTITLED, "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 FOR FISCAL YEARS 1994 - 1996." WHEREAS, Congress has enacted the Housing and Community Development Act of 1974, as amended; and WHEREAS, Title I of the Act provides for a program of Community Development Block Grants; and WHEREAS, The Town of Los Gatos 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 and can thereby receive such funds; and WHEREAS, The parties hereto wish to enter into an 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 parties to such funds; CSD08:A: \resos \CS080293.116 — 1 — NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE AS FOLLOWS: that the Town Council does hereby authorize the Town Manager to enter into a Cooperation Agreement with the County of Santa Clara for participation in the Joint Exercise of Powers Agreement, attached as Exhibit A. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 2nd day of August, 1993, by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Linda Lubeck Joanne Benjamin NAYES: None ABSENT: Patrick O'Laughlin ABSTAIN: None. SIGNED 4 OS : OF THE TOW OF LOS GATOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF L2 GATOS LOS GATOS, CALIFORNIAi% CSD08:n: \resos \CS080293.116 —2 r 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 FOR FISCAL YEARS 1994 -1996 This agreement by and between the County of Santa Clara and following recitals: is made in light of the 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 and can thereby receive such funds; E. That the parties hereto wish to enter 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 parties to such funds. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS; 1. Authorities This agreement is made pursuant to Section 6500 and follow- ing 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 jurisdictions. This agreement is further made pursuant to the Housing and Community Development Act of 1974, as amended. 1 2. Defi_ ni_ t_ ions 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. (c) Regulations" mean the rules and regulations of the Department of Housing and Urban Development; particular reference is made to those regulations found in 24 Code of Federal Regulations Part 570 (containing the general regulations of Community Development Block Grants) and Part 58 (containing the regulations on the Federal Environmental Review Procedures). (d) "County" means the County of Santa Clara. (e) "City" means the city or town that is a party to this agreement; such city or town may be referred to as a "Non- entitlement City ", that is, a city which cannot directly apply for or receive entitlement grants under this Act but can receive funds through cooperation agreements with the County. (f) "Urban County" means a county that is (1) in a metropolitan area; (2) authorized under state law to undertake essential community development and housing assistance activities within its unincorporated areas, and (3) has a population of 200,000 or more within its unincorporated areas and units of general local government (cities) within the county with which it has made cooperation agreements to undertake or to assist in the undertaking of essential activities. (g) "Urban County Staff" means those HCD staff persons of the County and cities participating in the Urban County HCD program. (h) "Application" means the application for a grant to be submitted by the County, as an Urban County, for entitlement funds under Title I of the Act. 2 (i) "HL_' is the U.S. Department Housing and Urban Development. (j) "HCD" is Housing and Community Development, the Urban County's program to address housing and community development needs of low to moderate income persons in Santa Clara County. (k) "CDBG" is Community Development Block Grant, a federal program administered by HUD which provides funding to eligible entitlement cities and urban counties to address housing and community development needs of low to moderate income persons. (1) "Grant" is the CDBG funds allocated by HUD to Santa Clara County as the legal recipient of the Community Development Block Grant for the Urban County. (m) "HCD Council Committee" is an advisory committee established by the Board of Supervisors to advise the Board of Supervisors on the CDBG funded HCD Program. Its adopted role is "the policy recommending body to the Board of Supervisors on the planning, monitoring, and evaluation of the HCD program and the development of a comprehensive, coordinated housing and community development plan." (n) "The HCD Citizens Advisory Committee" is an advi- sory committee of 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, moni- toring, and evaluation of the HCD program and development of a comprehensive, coordinated hous- ing 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 Santa Clara County. (p) "Citizens Participation Plan" is the plan adopted by the Board of Supervisors which outlines the opportunities and process for citizen input on matters dealing with the planning, monitoring, and evaluation of the Urban County HCD program. 7 (q) "Project proposals" are requcsts for an allocation CDBG funds submitted by eligible applicants to implement specific eligible CDBG activities, as defined by HUD. (r) "Comprehensive Housing Affordability Strategy" (CHAS) describes the housing conditions and goals to meet the housing needs of lower income persons, and identifies specific housing actions to be taken by the Urban County to fulfill its housing needs. The CHAS also serves as a guide for HUD in the distribution of assisted housing resources to communities. 3. Purpose of Agreement This agreement is being made to meet the requirements and purposes of the Act and Regulations with respect to the application for an entitlement grant under Title I of the Act and to establish the respective rights 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 the undertaking of essential activities as defined in the Act and Regulations thereunder for the term of this agreement. More specifically, the parties hereto agree to cooperate to undertake, or to assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing. City and County will take all actions within their power to assure compliance with the Urban County's certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including provisions of Title VI of the Civil Rights Act of 1964; Title VIII of the Civil Rights Act of 1968; Section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws and requirements of the application and grant. City and County agree, pursuant to CFR 570.501 (b) that cities are subject to the same requirements applicable to subrecipients, including the execution of a written agreement as set forth in 24 CFR 507.503. 4 City understa_ s and agrees that should i- fail to comply with such requirements or with the terms of this agreement, that funds which may be allocated to City during the effective dates of this agreement may be terminated, or reduced or otherwise limited in accordance with the Act and Regulations. 5. Administration of Agreement The officer and agents of both parties will cooperate in furnishing information and assistance necessary for the preparation, completion and filing of the County's applica- tion with HUD in accordance with the requirements of the Act and the Regulations. In accordance with such cooperation, the City shall annually furnish the County with the City's local plan and process for citizen participation in the development of the City's project proposals requested to be funded with Urban County CDBG funds. The City's local citizen participation commitments will be incorporated into the official Urban County Citizen Participation Plan. The City shall, prior to the final project proposal submis- sion deadline approved by the Board of Supervisors, submit project proposal requests for CDBG funding to the County in the format developed by the County. These project proposals will include a description of the project's activities, the Urban County's need the project is addressing, a detailed time schedule for the implementation of the project's activ- ities, and other data items needed in the evaluation of the project proposal. These project proposals must be formally approved by the City Council for transmittal to the County and be developed and reviewed during the local citizen participation process. The City shall submit to the County all necessary information required for the completion of a Comprehensive Housing Affordability Strategy in the form required by HUD. This information will detail the City's commitments to providing housing assistance to low and very low income persons within the city. The local commitments to housing assistance by the cities will be incorporated into the Urban County's Comprehensive Housing Affordability Strategy (CHAS) , which will be reviewed by HUD to determine the local commitments to address housing needs of low to very low income persons. 5 Whereas the County shall not alter or mend the information furnished to County in compliance with the Act and Regula- tions and consistent with identified Urban County needs and priorities, the County shall have full authority and neces- sary control of the preparation and filing of the applica- tion and of other papers and documents in support thereof. 6. Term of Agreement This agreement shall become effective upon execution by the governing bodies of County and of City and it shall remain in full force and effect until September 30, 1996. The County will submit to the City the Joint Exercise of Powers Agreement and Cooperation Agreement to be signed by the City if it is to participate in the County Program. If a City decides not to participate in the Urban County Program by not signing a Joint Exercise of Powers Agreement and Cooperation Agreement, it may not be eligible to receive entitlement CDBG funding for three successive program years commencing on October 1, 1993 and ending September 30, 1996. Upon qualifying, the County will remain an urban county (including its unincorporated areas and the included units of general local government) for a period of three years. That is, during the three year qualification period no included unit of general local government can be removed from the urban county, nor can any additional units of general local government generally be included in the urban county during that period. To assure that included units of general local government remain an effective part of the urban county for the entire three year qualification period, this cooperation agreement between the urban county and its included units of general local government covers three successive program years. 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 as 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 unless applicant has notified the city of their intentions in writing. Project proposals of a countywide nature may be submitted directly to the County. Cities shall have the right to review and comment on all project proposals for the funding of countywide HCD eligible activities. 2 8. Grant Disburs_.ents A. City understands and agrees that CDBG funds disbursed under this agreement are the obligation of County and 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 pro- jects 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 Commit- tee 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 Plan. Parties hereto agree that Urban County funding will be prohibited for activities in or in support of any participating city that does not affirmatively further fair housing within its own jurisdiction or that impedes the county's actions to comply with its fair housing certification. B. Housing has been identified as the highest priority need within the Urban County by the HCD Council Committee and the Board of Supervisors; therefore, the City and the County agree that all funds allocated on a competitive basis will be utilized for housing activities as set forth below. Housing needs include but are not limited to housing rehabilitation, activities to increase the supply of new affordable housing, and housing - related services which increase the availability and /or affordability of new and existing housing. 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. These recom- mendations will be reviewed by the HCD Citizens Advi- sory 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. 7 The Urban County staff report and the HCD Council Committee recommendations will be reviewed at a public hearing before the Board of Supervisors. After public comment, should there be a difference between the HCD Council Committee and the Board of Supervisors on projects to be funded, the HCD Council Committee and the Board of Supervisors will hold a joint meeting to resolve the differences. The joint meeting will con- tinue until mutual agreement is reached. Voting sepa- rately, when a majority of the HCD Council Committee and a majority of the Board of Supervisors vote to accept specific project proposals, mutual agreement is achieved. It is understood and agreed that as legal recipient of the grant, the Board of Supervisors must officially approve the mutually agreed upon project proposals to be included in the application in order to insure that the program submitted to HUD is consistent with the County's adopted housing and community devel- opment plan. At that time, the City will know the number of projects approved and the estimated amount of CDBG funds it is to receive. Upon approval of the CDBG application and the release of funds by HUD, the City may begin implementation of approved activities. Information on the progress of approved activities will be submitted to the County on a periodic basis during the program year the activities are being carried out. This information will be in- cluded in the Urban County's monitoring reports which are reviewed by HUD during the program year. Projects which fail to meet schedules according to the approved time schedule will be evaluated according to the pro- cess detailed in the approved Urban County CDBG Repro- gramming Guidelines. 9. Areas of Housing Authority operation Nothing herein shall affect the rights and obligations of the parties with respect to any agreement which the City may have with the Santa Clara County Housing Authority. 10. Services Equipment and Property, County shall provide or be primarily responsible for providing the services, equipment and other property necessary for the planning, preparation and filing of the CDBG application and for the administration of the grant funds subject to the right of the County to seek reimbursement for actual expenses and costs of furnish- ing such services, equipment and property. Subject to the provisions of the application or of the grant award made thereon, all property furnished by County as herein -above described shall belong to County during the term of this agreement and after its termination. n At the , rmination of the CDBG program, all property and equipment acquired with CDBG funds will be subject to the requirements and conditions of OMB Circular A- 102 Attachment N, Property Management Standards. 11. Records City and County shall maintain appropriate books, records, files, and accounts relating to the receipt and disbursement of the grant funds, including records in accordance with 24CFR Sec 570.502 as they relate to the application, acceptance, and use of federal funds for this federally assisted program and any other records imposed by County's contract with HUD. All such books, records, files and accounts shall be made available for inspection at reasonable times and places by authorized representatives of City and County to authorized representatives of City, County, and Department of Housing and Urban Development or any other person authorized by the Act or the Regulations. The Director of Finance of County shall receive and have custody of all funds until disbursal of such funds to be made in a manner designated by the County. County shall, by a date no later than 7 days after receipt of the current year funding money, notify City of the manner of disbursal of such funds. 12. certification City shall furnish County with those assurances, a copy of which, marked Appendix A, is being attached hereto and made a part hereof. Such certifications to be furnished by City to County are necessary to enable County to make the required assurances in its applica- tion to HUD. 13. Liability and Indemnification It is expressly understood that, as the applicant to HUD, County must take the full responsibility and assume all obligations of an applicant under the Act and that HUD will look only to the County in this regard. However, County assumes no 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 City's failure to comply with the Act and the Regulations. 0 Unless the acts of County employes, officials, or their representatives 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 fai- lure of City to conform to the requirements of the Act, Regulations, or other applicable laws; or arising out of City's failure to perform any of the obligations under the application; or arising out of anything done or omitted to be done by City under or in connection with the work done on any of City's projects. Unless the acts of City employees, officials, or their representatives are involved in the action or the City authorized the acts of the County, the County shall indemnify and hold City 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 County to conform to the requirements of the Act, Regulations, or other applicable laws; or arising out of County's failure to perform any of the obligations under the application; or arising out of anything done or omitted to be done by County under or in connection with the work done on any of County's projects. 14. Discretionary Actions Nothing herein contained shall be construed to prohibit the City from exercising its discretion on any legisla- tive quasi - judicial and/or administrative matter (including but not limited to any action involving zoning of General Plan amendments). Nothing herein shall compel the City to take any action on any matter save and except as expressly required in this agreement. It is understood and agreed that the City does not by this agreement commit itself or dele- gate the exercise of any of its police powers in any matter whatsoever save and except as expressly set forth in this agreement. 15. Timeliness When any action is required hereunder upon request for action on a document or material furnished by the County to the City said request for action on a docu- ment or material shall be furnished at least 30 days pYior to the date said action is required in order to allow sufficient time for the City to review and act on said document or material. 16. Time is of the essence in this agreement. 10 17. W. 19. Severabilit. Should any part, term, provision of this agreement be decided by the Courts to be illegal or in conflict with any law of the State of California or any law of the United States, or should any part, term, or provision of this agreement be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby. Section Headings All section headings contained herein are for the convenience of reference only and are not intended to define or limit the scope of any provision of this agreement. Program Income (a) The City shall inform the County of any income generated by the expenditure of CDBG funds received by the City. (b) Any such program income generated by the City must be either paid to the County or the City may retain the program income subject to requirements set forth in Santa Clara County Community Development Block Grant Program Reallocation Guidelines. (c) Any program income the City is authorized to retain may only be used for eligible activities in accordance with all CDBG requirements as may apply. (d) The County has the responsibility for monitoring and reporting to HUD on the use of any such program income, thereby requiring appropriate record keeping and reporting by the City as may be needed for this purpose. (e) In the event of close -out or change in status of the City, any program income that is on hand or received subsequent to close -out or change in status shall be paid to the County, with the exception of program income generated by an approved rehabilitation program and held in a revolving loan fund. Such revolving loan fund amounts shall be maintained and used for housing rehabilitation activities that meet all existing and subsequent HUD regulations and requirements. All rehabilitation activities must benefit low and moderate income households. 11 20. The purpose of this provision is to enable the City to continue a housing rehabilitation program in the event of close -out or a change in status of the City. Such program income shall not be used for any purpose other than housing rehabilitation for the benefit of low and very low income households. On an annual basis the City shall submit to the Santa Clara County Board of Supervisors written certification that such program income shall be used for these established housing rehabilitation purposes. Incorporation by Reference Attached hereto and incorporated herein by this reference is Addendum to Joint Exercise of Powers Agreement and Cooperation Agreement to Undertake or to Assist in the Undertaking of Essential Activities Pursuant to Title 2 of the Housing and Community Development Act of 1974, as amended, for Fiscal Years 1994 -1996. 12 IN WITNESS WHEREOF, parties hereto have executed this agree- ment on the dates set forth below. CITY /TOWN OF M CHAIRPERSON City /Town Council Attest: City /Town Clerk APPROVED AS TO FORM AND LEGALITY City /Town Attorney Date: jcl8.jpa94 -96 6/17/93 13 COUNTY OF SANTA CLARA By CHAIRPERSON Board of Supervisors Attest: Phyllis A. Perez, Clerk Board of Supervisors APPROVED AS TO FORM: Leslie Orta Deputy County Counsel Appendix A COUNTY COUNSEL CERTIFICATION I, The undersigned hereby certify that the terms and provisions of this agreement are fully authorized under State and local law and that the agreement provides full legal authority for the County to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing. �(" ()—t*J ' Deputy County Counsel jc4.cert.cc 4a - a t - 9,3 Date ADDENDUK TO 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 FOR FISCAL YEARS 1994 -1996 A. All provisions contained in the Joint Exercise of Powers Agreement and in this Addendum that refer to the Housing and Community Development Act of 1974, as amended, which provides for the distribution of CDBG funds, shall also refer to the HOME Program under Title II (the Home Investment Partnerships Act) of the National Affordable Housing Act of 1990, as amended. B. All units of general local government participating in this agreement understand and agree that they may not apply for grants under the Small Cities or State CDBG Programs from appropriations for fiscal years during the period in which they are participating in the urban county's CDBG program; and C. All units of general local government (i.e. cities and the county) participating in this agreement understand and agree that they may not participate in a HOME consortium except through the urban county; and D. All units of general local government participating in this agreement understand and agree that this agreement remains in effect until the CDBG and HOME funds and income received with respect to the three -year qualification period (and in any successive qualification periods under agreements that provide for automatic renewals) are expended and the funded activities completed, and that the county and participating units of general local government may not terminate or withdraw from this agreement while this agreement remains in effect; and E. All units of general local government participating in this agreement have adopted and are enforcing a policy prohibiting the use of excessive force by law enforcement agencies within their own jurisdiction against any individuals engaged in non - violent civil rights demonstrations; and F. All units of general local government participating in this agreement have adopted and are enforcing a policy of enforcing applicable State and local laws against physically barring entrance tti or exit from a facility or location which is the subject of such non - violent civil rights demonstrations within jurisdictions. jpaadden.bl3