Adopt Reso AGR with SCCwx MEETING DATE: 06/02/2014
ITEM NO: Q
1
cos cAS�s COUNCIL REPORT
DATE: MAY 22, 2014
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE TOWN MANAGER TO
EXECUTE AN AGREEMENT WITH THE COUNTY OF SANTA CLARA,
"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
THE PERIOD OF OCTOBER 1, 2014 TO SEPTEMBER 30, 2017" FOR
ADMINISTRATION OF THE URBAN COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM.
RECOMMENDATION:
Adopt a Resolution authorizing the Town Manager to execute an agreement with the County of
Santa Clara, "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 the period of October 1, 2014 to
September 30, 2017" for administration of the Urban County Community Development Block
Grant (CDBG) Program.
BACKGROUND:
The Town has participated in the Community Development Block Grant (CDBG) program since
1975, as a part of the "Urban County" group of cities that was established along with
unincorporated Santa Clara County. The combined population of the participating cities and the
County provides the necessary justification of need for Santa Clara County to receive funds from
Federal government for the CDBG and related programs. The County of Santa Clara has
administered the Urban County program for the Joint Powers Agreement since the creation of the
Urban County and is the official recipient of the grant funds that are made available by the
Federal government.
PREPARED BY: LAUREL R. PREVETTI LRP
Director of Community Development
Reviewed by: Assistant Town Manager RL&own Attorney _-J&inance
N: \DEV \TC REPORTS\2014 \CDBG IPA 2014 to 2017 Rpt TC 6- 2- 2014.doc
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: CDBG JOINT POWERS AGREEMENT RENEWAL
May 22, 2014
A municipality must have a population of at least 50,000 to be eligible to receive funds directly
from the CDBG program. Through the Urban County process, the Town is able to join with
other smaller Santa Clara County municipalities, and the unincorporated areas of the County, to
satisfy the required population threshold. The formal Urban County relationship is established
through a 3 year Joint Power Agreement (JPA) between the Town, the other participating
municipalities, and Santa Clara County.
The CDBG program provides the funding from the U.S. Department of Housing and Urban
Development (HUD) for activities which benefit primarily lower income households. Projects
funded by these grant monies must meet basic eligibility criteria and satisfy stated national
objectives (e.g., benefit low or moderate income clientele, slum/blight elimination, urgent
need/disaster relief). Previously funded activities and projects include: affordable housing
development (i.e., pre - development loans), housing rehabilitation and conservation programs,
Americans with Disability Act (ADA) accessibility improvements (i.e., physical improvements
benefiting seniors and the disabled), and human service programs operated by local non -profit
agencies.
The JPA does not specify annual funding amounts that are available to be spent for each
participating member. Currently, the Town receives between $60,000 to $80,000 annually in
CDBG funding that it can use toward eligible capital improvement projects such as curb -cuts and
disabled access improvement projects. Affordable housing development projects and non -profit
operated human service programs are eligible to apply directly to the County for funding via a
streamlined on -line application process each December.
Included with this report is a copy of the existing Urban County JPA (Attachment 2), which
expires on September 30, 2014, and a draft agreement (Exhibit A to Attachment 1) to continue
the JPA until September 30, 2017. The proposed changes include modifications and deletions of
Program Income provisions which do not affect the Town.
DISCUSSION:
In anticipation of the expiration of the JPA on September 30, 2014, the County Office of
Affordable Housing initiated discussions with the participating cities to determine if more
significant changes could be made in the JPA to enhance the ability to provide a more regional
response to ongoing challenges and county -wide needs, such as the provision of more affordable
housing or developing more long -term permanent solutions for homelessness. This discussion
also included a suggestion from the local cities that the funding formula could be modified to
increase pre - development loans for affordable housing.
Given the constrained timelines before the local cities are required by HUD to adopt the revised
JPA (i.e. before July 1, 2014), the County has decided to pursue limited updates to the JPA at
this time. The County staff plans on restarting the discussion with the Urban County cities on
the items noted above in Fall 2014.
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: CDBG JOINT POWERS AGREEMENT RENEWAL
May 22, 2014
CONCLUSION:
Staff supports the proposed JPA for 2014 -2017 to continue the Town's participation in the Urban
County CDBG Program since it does not contain any significant changes from the current
agreement. Therefore, staff recommends the Town Council adopt a Resolution authorizing the
Town Manager to execute an agreement with the County of Santa Clara, "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 the period of October 1, 2014 to September 30, 2017" for administration
of the Urban County Community Development Block Grant (CDBG) Program.
ENVIRONMENTAL ASSESSMENT:
Approval of the JPA is not a project as defined by CEQA.
FISCAL IMPACT:
Under the terns of the JPA, between $60,000 to $80,000 annually would continue to be reserved
for the Town to use for public benefit capital improvement projects consistent with Federal
criteria.
Attachments:
1. Resolution (with Exhibit A, Draft 2014 -2017 Joint Powers Authority Agreement)
2. 2011 -2014 Joint Powers Authority Agreement
LRP:EO:cg
THIS PAGE
INTENTIONALLY
LEFT BLANK
RESOLUTION 2014-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH
THE COUNTY OF SANTA CLARA, "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
THE PERIOD OF OCTOBER 1, 2014 TO SEPTEMBER 30,2017" FOR
ADMINISTRATION OF THE URBAN COUNTY COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM
WHEREAS, Congress has enacted the Housing and Community Development Act of
1974, as amended; and
WHEREAS, 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; and
WHEREAS, the Town of Los Gatos is not eligible to apply directly for entitlement funds
under the Act, but by entering into a cooperation agreement with Santa Clara County, may qualify
Santa Clara County as an urban county applicant and may thereby receive such fund; 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.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los
Gatos, County of Santa Clara, State of California, that the Town Council does hereby authorize the
Town Manager to execute an agreement with the County of Santa Clara, "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 the Period of October 1, 2014 To September 30, 2017' for administration of the
Urban County Community Development Block Grant (CDBG) program, as noted in Exhibit A,
ATTACHMENT 1
and as may be required to be amended in conjunction with the Town's participation in the Urban
County program, as long as such changes conform to the adopted Town budget.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 2 "d day of June, 2014, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
\. DEV RESOS -2o 14 RESO -AL! I HORILING TORN N MANAGER TO FXL-COTE <:D8G JPA 2014- 20U.Ac<
Attachment A
DRAFT
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 THE PERIOD OF OCTOBER 1, 2014 TO SEPTEMBER 30, 2017
This Agreement ( "Agreement') is entered into by and between the County of Santa Clara
( "County") and the Town of Los Gatos ( "City") relating to essential community development
and housing assistance activities funded by the Federal government.
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 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 grants under the Act but
may, by entering into a cooperation agreement with County, qualify County as an
Urban County applicant and may 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 et. seq. 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.
All provisions contained in this Agreement 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.
EXHIBIT A of Attachment 1
2. Definitions.
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 govem.
a. "Act ": Title I of the Housing and Community Development Act of 1974, P.L. 93-
383, as amended.
b. "Applicant ": the County of Santa Clara applying as an Urban County.
C. "Regulations ": the rules and regulations of the U.S. Department of Housing and
Urban Development; particular reference is made to those regulations stated 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 ": the County of Santa Clara through action by its Board of Supervisors.
e. "Board of Supervisors": the County's legislative body which 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.
f. "City": is 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 funds through cooperation agreements with the HUD.
g. "Urban County ": a county that is (1) in a metropolitan area; (2) authorized by
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 entered into cooperation agreements to undertake
or to assist in the undertaking of eligible activities.
h. "TAC ": The Urban County Technical Advisory Committee which consists of
HCD staff persons from the County and cities participating in the Urban County
HCD Program, chaired by the County staff person.
"Application ": the application for a grant to be submitted by the County,
as an Urban County, for entitlement funds under Title I of the Act.
j. "HUD ": the United States Department of Housing and Urban Development.
k. "HCD ": Housing and Community Development, the Urban County's program to
address housing and community development needs of lower income persons in
the County of Santa Clara.
1. "CDBG ": 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 lower
income persons.
M. "Grant ": the CDBG funds allocated by HUD to the County of Santa Clara as the
legal recipient of the Community Development Block Grant for the Urban
County.
n. "HOME ": the HOME Investment Partnership Program, a federal program
administered by HUD to assist in addressing the affordable housing needs of
lower income persons in Santa Clara County through such means as new housing
development and construction; acquisition and rehabilitation of existing housing
units; and provision of emergency rent subsidies.
o. "HCD Advisory Committee ": an advisory committee established by the Board of
Supervisors of the County to be the policy recommending body to the Board of
Supervisors for the HCD Program. As described in the Public Participation Plan,
the 20- member body shall be composed of both elected officials and public
members from the Urban County. The County Board of Supervisors shall appoint
one member of the Board of Supervisors to serve as the chair of the HCD
Advisory Committee and one public member from each of the five County
supervisorial districts to serve on the HCD Advisory Committee. The seven
participating cities each appoint one council member and one public member to
serve on the HCD Advisory Committee. The role of the HCD Advisory
Committee shall be to guide the development of a comprehensive HCD Program,
hear project proposals, review Urban County TAC recommendations, and make
recommendations to the Board of Supervisors.
P. "Public Participation Plan": the plan adopted by the Board of Supervisors of the
County which outlines the opportunities and process for citizen input on matters
pertaining to planning, monitoring, and evaluation of the Urban County HCD
projects.
q. The annual Notice of Funding Availability (NOFA) will outline the eligibility
criteria and local priorities, the NOFA is developed by the TAC and approved by
the HCD Advisory Committee identifying the establishment of local priorities,
funding categories, and fair share amounts reserved for participating jurisdictions.
"Local Priorities have been developed by the TAC and approved by the HCD
Advisory Committee to be considered when evaluating project proposals. in
developing funding recommendations. The Local Priorities Plan will be reviewed
and approved annually by the HCD Advisory Committee for inclusion in the
annual HCD NOFA.
S. "Project Proposals ": requests for an allocation of CDBG or HOME funds
submitted by eligible applicants to implement specific eligible CDBG or HOME
activities, as defined by HUD.
t. "Consolidated Plan": describes the housing conditions and goals to address the
housing needs of lower income persons, and identifies specific housing actions to
be taken by the Urban County to address its housing needs. The Consolidated
Plan also serves as a guide for HUD in the distribution of assisted housing
resources to communities.
U. "OSH ": Office of Supportive Housing, formerly known as the Office of
Affordable Housing was established by the County of Santa Clara Board of
Supervisors to operate the County's housing programs and to assist in the
development of affordable housing for low and lower income residents of Santa
Clara County.
3. Purpose of Agreement.
This Agreement is formed to meet the requirements and purposes of the Act and Regulations
with respect to the application for an entitlement grant pursuant to 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.
a. The parties hereto agree to cooperate in undertaking, or 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
in undertaking, or to assist in the undertaking, community renewal and lower
income housing assistance activities.
b. 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.
C. City and County agree, pursuant to 24 CFR 570.501(b) that cities are subject to the
same requirements applicable to subrecipients, including the requirement of a
written agreement as set forth in 24 CFR 570.503. City understands and agrees
that should it 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.
d. 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.
e. 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
program except through the Urban County.
f. The County will submit to the City the Joint Exercise of Powers Agreement and
Cooperation Agreement to be signed by the City if it chooses to participate in the
Urban 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 Urban County entitlement CDBG
funding for three successive program years commencing on October 1, 2014 and
ending September 30, 2017.
g. 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 units of general local government can be removed from the Urban
County. 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.
h. 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.
i. 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.
j. 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 to or exit from a facility or location which is
the subject of such non - violent civil rights demonstrations within jurisdictions.
5. Administration of Agreement.
a. The officers and agents of both parties will cooperate in furnishing information
and assistance necessary for the preparation, completion, and filing of the
County's application with HUD in accordance with the requirements of the Act
and the Regulations. The City shall provide opportunities for public participation
as described in the Urban County Public Participation Plan.
b. The City shall submit to the County all necessary information required for the
completion of a Consolidated Plan 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
Consolidated Plan, which will be reviewed by HUD to determine the local
commitments to address housing needs of low to very low income persons.
C. The County shall not alter or amend the information furnished to County by Cities
in compliance with the Act and Regulations and consistent with identified Urban
County needs and priorities, the County shall have full authority and necessary
control of the preparation and filing of its Application for Federal Assistance to
HUD and of other papers and documents in support thereof.
6. Term of Agreement.
This Agreement shall become effective upon full execution by the governing bodies of County
and of City and it shall remain in full force and effect through September 30, 2017.
7. Local Priorities
The TAC shall develop Local Priorities for approval by the HCD Advisory Committee to.
identify roles, establish goals that are in alignment with the Five Year Consolidated Plan, The
Local Priorities Plan will be reviewed and modified as appropriate on an annual basis by the
HCD Advisory Committee.
8. Proiect Proposals.
Any and all Project Proposals for eligible HCD activities, including those of the City, shall be
submitted directly to the County during its funding cycle by eligible applicants. Project
Proposals must meet the eligibility criteria within one of the funding categories contained in the
NOFA. All Proposals for Public Service must be submitted directly to the County. Annual
funding shall be reserved in equal amounts for each of the participating jurisdictions for up to
two eligible capital projects in each of the participating jurisdictions. The County will evaluate
the City's timely expenditure of funds to ensure the County is in compliance with HUD before
recommending funding for a capital project The TAC shall review and comment on all Project
Proposals and make recommendations to the HCD Advisory Committee. Review and comment
on City proposed projects shall be to determine HUD eligibility and timely expenditure of funds.
9. Grant Disbursement.
a. City understands and agrees that CDBG and HOME 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.
b. Funds disbursed to the City and other subrecipients will be expended on eligible
activities as described in the HCD Consolidated Plan and approved by the Board
of Supervisors. The County and City shall develop the goals of the Five Year
2016 -2020 Urban County Consolidated Plan to establish the goals, and guide the
implementation of the HCD Program.
The 2010 -2015 Consolidated Plan includes goals and strategies to address
housing and community development needs in the Urban County. The HCD
Consolidated Plan 2010 -2015, as approved by the HCD Advisory Committee, the
Board of Supervisors, and HUD, identifies the following Goals in its Strategic
Plan:
1. Assist in the creation and preservation of Affordable housing for lower
income and special needs households.
2. Support activities to end homelessness
3. Support activities that provide basic services, eliminate blight, and/or
strengthen neighborhoods
4. Promote environmental sustainability
C. In addition, a Local Priorities Plan for the Urban County, including evaluation
criteria, will be evaluated annually by the TAC and approved by the HCD
Advisory Committee for incorporation into the NOFA
d. 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.
e. After the deadline for submission of Project Proposals, the Urban County TAC
will evaluate on a competitive basis the Project Proposals according to the goals,
strategies, priorities, and criteria noted above and develop recommendations on
projects to be funded. City sponsored Project Proposals will be evaluated for
HUD eligibility only. These recommendations will be reviewed by the HCD
Advisory Committee for recommendation to the Board of Supervisors and
forwarded to the Board of Supervisors for final approval.
f. Prior to final approval by the Board of Supervisors and submittal to HUD for
funding, the Urban County TAC report and the HCD Advisory Committee
recommendations will be reviewed at a public hearing before the Board of
Supervisors. The Board of Supervisors will make final decisions regarding all
applications.
g. Upon approval of the CDBG and HOME application and the release of funds by
HUD, the City and other subrecipients may begin implementation of approved
activities. Information on the progress of approved activities will be submitted to
the County on a quarterly basis during the program year the activities are being
carried out. This information will be included 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 for
compliance.
10. 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 Housing Authority of the County of Santa Clara (HACSC).
11. Services. Equipment and Property; Reimbursement.
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 furnishing 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.
At the termination 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.
12. Program Income.
a. On an annual basis, the County shall report to the TAC and HCD Advisory
Committee any revenue directly generated from the use of CDBG funds. Any
such revenue is included as available funds for the following funding cycle and
thus subject to regulations and reported to HUD.
b. The County has the responsibility for monitoring and reporting to HUD on the use
of any such program income, thereby requiring appropriate record keeping.
13. Revolving Loan Fund.
a. The County is allowed to retain a separate fund in conjunction with a single
family home rehabilitation program for eligible activities in accordance with all
CDBG requirements as may apply. The Revolving Loan Fund must be held in an
interest bearing account and the interest must be remitted to HUD annually
b. Eligible activities for single family home rehabilitation may be funded through
loans. The loans, in turn, generate payments to the Revolving Loan Fund for use
in carrying out the same activities.
14. 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 24 CFR Sec
570.503 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, County, and HUD or any other person authorized
by the Act or the Regulations.
15. County Disbursement of Funds.
The Director of Finance of the County shall receive and have custody of all funds until disbursal
of such funds to be made in a manner designated by the County.
16. Contractual Obligations.
It is expressly understood and agreed 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 nor liability
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.
17. Indemnification.
In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed
between the Parties pursuant to Government code Section 895.6, the Parties agree that all losses
or liabilities incurred by a party shall not be shared pro rata but instead the County and City
agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully
indemnify and hold each of the other parties, their officers, board members, employees and
agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as
defined by Government code Section 810.8) occurring by reason of the negligent acts or
omissions or willful misconduct of the indemnifying party, its officers, employees or agents,
under or in connection with or arising out of any performance of obligations required by this
Agreement, the Act, Application, Regulations or other applicable laws relating to this Agreement
delegated to such party under this Agreement. No party, nor any officer, board member,
employee or agent thereof shall be responsible for any damage or liability occurring by reason of
the negligent acts or omissions or willful misconduct of the other parties hereto, their officer,
board members, employees or agents, under or in connection with or arising out of any
performance of obligations required by this Agreement, the Act, Application, Regulations or
other applicable laws relating to this Agreement delegated to such other parties under this
Agreement.
18. Discretionary Actions.
Nothing herein contained shall be construed to prohibit the City from exercising its discretion on
any legislative 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 delegate the
exercise of any of its police powers in any matter whatsoever save and except as expressly set
forth in this Agreement.
19. Timeliness.
When any action is required hereunder upon request for action on a document or material
famished by the County to the City said request for action on a document or material shall be
furnished at least 30 days prior 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.
Time is of the essence in this Agreement.
20. Severability.
Should any part, term, provision of this Agreement be judicially determined 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.
21. 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.
22. Notices.
Any notice, tender, or delivery to be given hereunder by either party to the other may be effected
by personal delivery in writing or by certified mail, return receipt requested.
Each party may change its address by written notice in accordance with this Section.
IN WITNESS WHEREOF, parties hereto have executed this Agreement on the dates set forth
below.
CITY/TOWN OF
Mayor (Print name)
City/Town Council
Attest:
LE
City/Town Clerk
Approved as to form and legality:
City/Town Attorney
Date:
COUNTY OF SANTA CLARA
Mike Wasserman, President
Board of Supervisors
Attest:
By:
Clerk, Board of Supervisors
Approved as to form and legality:
By:
Deputy County Counsel
Date:
\: I)LV" l(: Rf:PORTS 2014'CDBG- EXHIBIT A '1'0 RFSO JPA DRAFT FY Oct 30I4_S pt 2017 RGAoex
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CLEIRX li'tA�R77,MEENNT
AGR
JOINT EXERCISE OF POWERS AGREEMENT AI-Z t 1
COOPERATION AGREEMENT TO UNDERTAKIPPD -
OR TO ASSIST IN THE UNDERTAHING OF REC ..
L} ESSENTIAL ACTIV MES PURSUANT TO RESO_. -... _
TITLE I OF THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974, AS AMENDED,
JFOR THE PERIOD OF OCTOBER 1, 2011 TO SEPTEMBER 30, 2014
c�
This Agreement ("Agreement") is entered into by and between the County of Santa Clara
(" EounW) and the Town of Los Gatos ("City") relating to essential community development
and houi;ing assistance activities funded by the Federal government.
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 program of Community Development Block
Grants;
a 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 grants under the Act but
may, by entering into a cooperation agreement with County, qualify County as an
Urban County applicant and may thereby receive such fields;
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.
Thus Agreement is made pursuant to Section 6500 et. seq. 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
All provisions contained in this Agreement that refer to the Housing and Community
Development Act of 1974, as amended, which provides for the distribution of CDBG fWads, 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.
County of Santa Clara — Offiae of Affordable Housing
Housing and Community Development Program
May 24, 2011
Joint Powers Agreement
October 1, 2011 — September 30, 2014
ATTACHMENT 2
2. Definitions.
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": Title I of the Housing and Community Development Act of 1974, P.L. 93-
383, as amended.
b. "Applicant': the County of Santa Clara applying as an Urban County.
C, `Regulations ": the rules and regulations of the U. S. Department of Housing and
Urban Development; particular reference is made to those regulations stated 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": the County of Santa Clara through action by its Board of Supervisors.
e. `Board of Supervisors ": the County's legislative body which 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.
f. "City": is 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 funds through cooperation agreements with the HUD.
g. "Urban County": a county that is (1) in a metropolitan area; (2) authorized by
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 entered into cooperation agreements to undertake
or to assist in the undertaking of eligible activities.
h. "TAC ": The Urban County Technical Advisory Committee which consists of
HCD staff persons from the County and cities participating in the Urban County
HCD Program, chaired by the County staff person.
i. "Application ": the application for a grant to be submitted by the County,
as an Urban County, for entitlement fiords under Title I of the Act.
j. "HUD ": the United States Department of Housing and Urban Development.
2
County of Santa Clara — Office of Affordable Housing Joint Powers Agreement
Housing and Community Development Program October 1, 2011 — September 30, 2014
May 24, 2011
k. "HCD ": Housing and Community Development, the Urban County's program to
address housing and community development needs of lower income persons in
the County of Santa Clara.
I. "CDBG": Community Development Block Grant, a federal program
administered by HUD which provides funding to eligible development eeds Cities
lower
Urban Counties to address housing and community
income persons.
M. "Grant ": the CDBG funds allocated by D to the Grant foS the Urban as the
legal recipient of the Community Development
County.
n ,HOME": the HOME Investment Partnership Program, a federal program
administered by HUD to assist in addressing the affordable housing needs of
lower income persons in Santa Clara County through such means as new housing
development and construction; acquisition and rehabilitation of existing housing
units; and provision of emergency rent subsidies.
o. gCD Advisory Committee": an advisory committee established by the Board of
Supervisors of the County to be the policy recommending body to the Board of
Supervisors for the HCD Program. As described in the Public Participation Plan,
the 20- member body shall be composed of both elected officials and public
members from the Urban County. The County Board of Supervisors shall appoint
one member of the Board of Supervisor to serve as the chair of the HCD Advisory
Committee and one public member from each of the five County supervisorial
districts to serve on the HCD Advisory Committee. The seven participating cities
each appoint one council member and one public member to serve on the HCD
Advisory Committee. The role of the HCD Advisory Committee shall be to guide
the development of a comprehensive HCD Program, hear project proposals,
review Urban County TAC recommendations, and make recommendations to the
Board of Supervisors.
p. "Public participation Plan ": the plan adopted by the Board of Supervisors of the
County which outlines the opportunities and process for citizen input on matters
pertaining to planning, monitoring, and evaluation of the Urban County HCD
projects.
q "Guiding principles ": the document developed by the TAC and approved by the
HCD Advisory Committee identifying roles and guiding implementation of the
HCD Program, including the establishment of local priorities, funding categories,
and fair share amounts reserved for participating jurisdictions.
r. "Local Priorities PIan": the plan developed by the TAC and approved by the
HCD Advisory that will contain local and regional needs, evaluation criteria for
County of Santa Clma — Office of Affotdable sousing Joint Powers Agrmnent
Housing and Community Development Pcogtmn October 1, 2011 — Septetnber 30, 2014
May 24, 2011
project proposals, and the goal of geographical balance in developing funding
recommendations. The Local Priorities Plan will be reviewed and approved
annually by the HCD Advisory Committee for inclusion in the annual HCD RFP.
"Project Proposals ": requests for an allocation of CDBCI or HOME funds
submitted by eligible applicants to implement specific eligible CDBG or HOME
activities, as defined by HUD.
"Consolidated Plan": describes the housing conditions and goals to address the
housing needs of lower income persons, and identifies specific housing actions to
be taken by the Urban County to address its housing needs. The Consolidated
Plan also serves as a guide for HUD in the distribution of assisted housing
resources to communities.
u "OAH ": Office of Affordable Housing, the office established by the County of
Santa Clara Board of Supervisors to operate the County's housing programs and
to assist in the development of affordable housing for low and lower income
residents of Santa Clara County.
I Purpose of Agreement.
This Agreement is formed to meet the requirements and purposes of the Act and Regulations
with respect to the application for an entitlement grant pursuant to 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 get forth.
4. Cooperation Agreement.
a The parties hereto agree to cooperate in undertaking, or 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
in undertaking, or to assist in the undertaking, community renewal and lower
income housing assistance activities.
b, 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 f 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.
c. City and County agree, pursuant to 24 CFR 570.501(b) that cities are subject to the
same requirements applicable to subrecipients, including the requirement of a
County of Santa Clara — office of Affordable Housing Joint Powers Agreement
Housing and Community Development Program October 1, 2011 — September 30, 2014
May 24, 2011
written agreement as set forth in 24 CFR 570.503. City understands and agrees
that should it 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.
d. 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 winch they are
participating in the Urban County's CDBG Program.
e. 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
program except through the Urban County.
f. The County will submit to the City the Joint Exercise of Powers Agreement and
Cooperation Agreement to be signed by the City if it chooses to participate in the
Urban 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 Urban County entitlement CDBG
funding for three successive program[ years commencing on October 1, 2011 and
ending September 30, 2014.
g. 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 units 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.
h. 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
i. 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
Joint Powers Agreement
County of Santa Clara it Office of m8nt Program Housing Oct 1, 2011 - September 30, 2014
Housing and Community Developmen[ Program
May 24, 2011
enforcement agencies within their own jurisdiction against any individuals
engaged in non - violent civil rights demonstrations.
j. 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 to or exit from a facility or location which is
the subject of such non - violent civil rights demonstrations within jurisdictions.
5. Administration of Agreement
a. The officers and agents of both parties will cooperate in furnishing information
and assistance necessary for the preparation, completion, and filing of the
County's application with HUD in accordance with the requirements of the Act
and the Regulations. The City shall provide opportunities for public participation
as described in the Urban County Public Participation Plan.
b. The City shall submit to the County all necessary information required for the
completion of a Consolidated Plan 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
Consolidated Plan, which will be reviewed by HUD to determine the local
commitments to address housing needs of low to very low income persons.
C. The County shall not alter or amend the information furnished to County by cities
in compliance with the Act and Regulations and consistent with identified Urban
County needs and priorities, the County shall have full authority and necessary
control of the preparation and filing of it's Application for Federal Assistance to
HUD and of other papers and documents in support thereof.
6. Term of Agreement
This Agreement shall become effective upon full execution by the governing bodies of County
and of City and it shall remain in full force and effect through September 30, 2014.
7. Guidine Principles
The TAC shall develop Guiding Principles for approval by the HCD Advisory Committee to
identify roles, establish goals, and guide implementation of the HCD Program. The Guiding
Principles will also include a Local Priorities Plan, application and funding categories, and
describe fair share amounts reserved for the jurisdictions. Both the Guiding Principles and the
Local Priorities Plan will be reviewed and modified as appropriate on an annual basis -by the
HCD Advisory Committee.
County of Santa Clam — Office of Affordable Housing Joint Powers Agreement
Housing and Community Developmeot Program October 1, 2011 —September 30, 2014
May 24, 2011
8. Project PrOPOSAIs.
Any and all Project Proposals for eligible HCD activities, including those of the City, shall be
submitted directly to the County during its funding cycle by eligible applicants. Project
Proposals must meet the eligibility criteria within one of the funding categories contained in the
Guiding Principles. All Proposals for Public Service must be submitted directly to the County.
Annual funding sball be reserved in equal amounts for each of the participating jurisdictions for
up to two eligible capital projects in each of the participating jurisdictions as stated in the
Guiding Principles. The TAC shall review and comment on all Project Proposals and make
recommendations to the HCD Advisory Committee. Review and comment on City proposed
projects shall be to determine HUD eligibility only.
9. Grant Disbursement.
a City understands and agrees that CDBG and HOME 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.
b. Funds disbursed to the City and other subrecipients will be expended on eligible
activities as described in the HCD Consolidated Plan and approved by the Board
of Supervisors. The Consolidated Plan includes goals and strategies to address
housing and community development needs in the Urban County. The HCD
Consolidated Plan 2010 -2015, as approved by the HCD Advisory Committee, the
Board of Supervisors, and HUD, identifies the following Goals in its Strategic
Plan:
1. Assist in the creation and preservation of Affordable housing for lower
income and special needs households.
2. Support activities to end homelessness
3. Support activities that provide basic services, eliminate blight, and/or
strengthen neighborhoods
4. Promote environmental sustainability
c. In addition, a Local Priorities Plan for the Urban County, including evaluation
criteria, will be developed by the TAC and approved by the HCD Advisory
Committee for incorporation into the Guiding Principles and the HCD Request for
Proposals (RFP).
d. Parties hereto agree that Urban County funding will be prohibited for activities in
or in support of any participating City that does not affirmatively fiirther fair
housing within its own jurisdiction or that impedes the County's actions to
comply with its fair housing certification.
Joint Powers Agreement
County a Santa Gera it office
eve of men t P[0 a Housing October 1, 2011 — Septernbu 30, 2014
Housing end Community Development Program
May 24, 2011
e. After the deadline for submission of Project Proposals, the Urban County TAC
will evaluate on a competitive basis the Project Proposals according to the goals,
strategies, priorities, and criteria noted above and develop recommendations on
projects to be funded. City sponsored Project Proposals will be evaluated for
HUD eligibility only. These recommendations will be reviewed by the HCD
Advisory Committee for recommendation to the Board of Supervisors and
forwarded to the Board of Supervisors for final approval.
Prior to final approval by the Board of Supervisors and submittal to HUD for
funding, the Urban County TAC report and the HCD Advisory Committee
recommendations will be reviewed at a public hearing before the Board of
Supervisors. The Board of Supervisors will make final decisions regarding all
applications.
g. Upon approval of the CDBG and HOME application and the release of funds by
HUD, the City and other subrecipients may begin implementation of approved
activities. Information on the progress of approved activities will be submitted to
the County on a quarterly basis during the program year the activities are being
carried out. This information will be included 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 process detailed in the Urban County CDBG and HOME
Contract and approved Reprogramming (uidelines.
10. Areas of Housing Authorltv Operation.
Nothing herein shall affect the rights and obligations of the parties with respect to any agreement
which the City may have with the Housing Authority of the County of Santa Clara (HACSC).
11. Services. Equipment and Property: Reimbursement.
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 famishing 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.
At the termination 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.
County of Sants Clara — Offioa of Affordable Housing Joint Powers Agrxment
Housing and Community Development Program October 1, 2011 — September 30,20)4
May 24, 2011
12. Program Income.
a. On an annual basis. the City shall report to the County any gross income directly
generated from the use of CDBG funds.
b Any such program income generated by the City must be reported to the County
and may 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 and in accordance with all CDBG
requirements.
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 1 Y .
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
fiord 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.
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 household that such
annual basis the City shall submit to the County certification program income shall be used for these established housing rehabilitation
purposes.
13. Revolving Loan Fund.
a. The City is allowed to retain a separate fund in conjunction with a single family
home rehabilitation program for eligible activities in accordance with all CDBG
requirements as may apply. The Revolving Loan Fund cash balance must be held
in an interest bearing account and the interest must be remitted to the County
annually. The County, in turn, remits the interest to HUD.
b. Eligible activities for single , family
generate to the may volving Loan Fund for
through loans, which, in turn, g payments
use in carrying out the same activities.
Joint Powers Agreement
County of Santa Clara it O$ce of Affordable Housing October 1, 2011 — September 30, 2014
Housing and Community Devclopmemt Program
May 24, 2011
o. The City may elect to transfer its Revolving Loan Fund and its single family
home rehabilitation program to such that the City Revolving Loan Fund shall be
consolidated with the Urban County Revolving Loan Fund and the City's single
family home rehabilitation program shall be consolidated with the Urban County
Housing Rehabilitation Program, in accordance with HUD regulations and
following written approval by the City and County of the terms and conditions to
such consolidations.
14. 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 24 CFR Sec
570.503 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, County, and HUD or any other person authorized
by the Act or the Regulations.
15. County Disbursement of Funds.
The Director of Finance of the County shall receive and have custody of all funds until disbursal
of such funds to be made in a manner designated by the County.
16. ContractualObli2ations.
It is expressly understood and agreed 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 nor liability
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.
17. Indemni$eation.
In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed
between the Parties pursuant to Government code Section 895.6, the Parties agree that all losses
or liabilities incurred by a party shall not be shared pro rata but instead the County and City
agree that pursuant to Government Code Section 895A, each of the parties hereto shall fully
indemnify and hold each of the other parties, their officers, board members, employees and
agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as
defined by Government code Section 810.8) occurring by reason of the negligent acts or
omissions or willful misconduct of the indemnifying party, its officers, employees or agents,
under or in connection with or arising out of any performance of obligations required by this
Agreement, the Act, Application, Regulations or other applicable laws relating to this Agreement
FIA
County of Santa Clam — Ofee of Affordable Housing Joint Powers Agreement
Housing and Community Development Program October 1, 2011 — September 30, 2014
May 24, 2011
delegated to such party under this Agreement. No party, nor any officer, board member,
employee or agent thereof shall be responsible for any damage or liability occurring by reason of
the negligent acts or omissions or willful misconduct of the other parties hereto, their officer,
board members, employees or agents, under or in connection with or arising out of any
performance of obligations required by this Agreement, the Act, Application, Regulations or
other applicable laws relating to this Agreement delegated to such other parties under this
Agreement.
18. Discretionary Actions.
Nothing herein contained shall be construed to prohibit the City from exercising its discretion on
any legislative 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 delegate the
exercise of any of its police powers in any matter whatsoever save and except as expressly set
forth in this Agreement.
19. 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 document or material shall be
furnished at least 30 days prior 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-
Time is of the essence in this Agreement.
20. Severability.
Should any part, term, provision of this Agreement be judicially determined 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 bb affected thereby.
21. 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.
22. Notices.
Any notice, tender, or delivery to be given hereunder by either party to the other may be effected
by personal delivery in writing or by certified mail, return receipt requested.
Mailed notices shall be addressed as setforth below. Faeb party may change its address by
written notice in accordance with this Section.
11
County of Santa Clara— Office of Affordable Housing Joint Poway Agre went
Housing and Community Development Program October 1, 2011 — September 30, 2014
May 24, 2011
IN WrfWESS WHEREOF, parties hereto have executed this Agreement on the dates set forth
below.
TOWN OF LOS GATOS
By:
Greg Larson Town Manager
Attest:
By --
Jaoldi Rose, Clerk Administratoi
l�
Approved as to form and legality.
.,e.!L . r g1
i .,. - ,
NACS=DBGTY 2011 -12VPA agreement 2011 to 2014.docx
COUNTY F SANTA CLARA
By.
Dave Cortese, President
Board of Supervisors
Attest:
Clerk, Board of Supervisors
MARIA MARINOS
Approved as to form and legality.
By. —
Deputy f9ounty Counsel
Date: ('Li 8 'f
II
12
Counry of Santa Clara— Office of Affordable Housing Joint Powers Agreement
Housing and Community Development Program October 1, 2011 — September 30, 2014
May 24, 2011