1978-188-Acknowledging Execution Of Joint Exercise Of Powers Agreement And Cooperation Agreement Pursant To Title 1 Of The Housing And Community Development Act If 1974, As AmendedRESOLUTION NO. 1978 -188
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
ACKNOWLEDGING EXECUTION OF JOINT EXERCISE OF POWERS AGREE-
MENT AND COOPERATION AGREEMENT PURSUANT TO TITLE 1 OF THE
HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED.
WHEREAS, in 1974 the United States Congress enacted the Housing and
Community Development Act of 1974, herein called Act; and
WHEREAS, Title 1 of the Act allows Urban Counties to receive Community
Development Block Grants where such counties enter into a Joint Exercise of
Powers Agreement and Cooperation Agreement with non - entitlement cities to
qualify as an Urban County applicant under the Act; and
WHEREAS, the Town of Los Gatos wishes to enter into such an agreement
with the County of Santa Clara to qualify such County as an Urban County and
to receive Housing and Community Development funds thereby;
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of
Los Gatos approves the Joint Exercise of Powers Agreement and Cooperation
Agreement with the County of Santa Clara;
BE IT FURTHER RESOLVED, that the Mayor is authorized to execute said
.Joint Exercise of Powers Agreement and Cooperation Agreement on behalf of
the Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos this 27th day of 'November , 1978, by the following vote:
AYES: COUNCIL MEMBERS: Ruth Cannon, Thomas J. Ferrito,
John B. Lochner, Peter W. Siemens and
Mardi Gualtieri.
NOES: COUNCIL MEMBERS: None.
ABSENT: COUNCIL MEMBERS: None.
SIGNED:
NIAYOR _OF THE
ATTEST:
ASSIST. CLERK OF THE TOWN OF LOS A1'OS
4
JOINT EXERCISE OF POWERS AGREEMENT
AND COOPERATION AGREEMENT TO UNDER-
TAKE OR TO ASSIST IN THE UNDERTAKING
OF ESSENTIAL ACTIVITIES PURSUANT TO
TITLE I OF THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974
This agreement by and between the County of Santa Clara and
is made in the light of the following recitals:
A. That Congress has enacted the Housing and Community Development
Act of 1974;
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
urban counties;
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 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 following of the
California Government Code and constitutes an exercise of powers common
to both City and County, each being empowered to carry out the purposes of
the grant in their own jurisdiction.
This agreement is further made pursuant to the Housing and Community
Development Act of 1974, as amended, and 24 Code of Federal Regulations,
of general local government within the county (cities) with which
it has made cooperation agreements to undertake or to assist in
the undertaking of essential activities.
(g) "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.
(h) "HUD" is the Department of Housing and Urban Development.
(i) "HUD Formula" is the method by which HUD will determine the
basic grant amount to be allocated to an urban county; it is a
formula based on such factors as population, extent of poverty
and extent of housing overcrowding.
(j) "City share of funds" means that portion of the basic grant amount
which the city would have received had such city been eligible to
apply directly to HUD for its entitlement.
(k) "Sphere of influence share" is that portion of the grant attribu-
table to the unincorporated area of County which County shall
allocate to participating cities. This share is computed by apply-
ing the HUD Formula to the sphere of influence of a city as such
sphere of influence has been or shall have been approved and
adopted by the Santa Clara County Local Agency Formation Commission.
(1) "County share" is that portion of the total Urban County grant
which County requires for administrative expenses and County project
costs.
3. Purpose of the 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
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application for entitlement funds under the Act. Whereas the County shall
not alter or amend the elements of the application furnished to County
where in compliance with the Act and the 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 the appli-
cation and of other papers and documents in support thereof.
6. Term of the 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 June 30, 1980, or until the end of the program year covered by the
fiscal year 1979 application for federal assistance under the Act, which-
ever is later. It is understood that applications for funds shall be made
yearly; accordingly, County shall yearly elect to qualify as an urban county
applicant and City shall yearly elect to enter into cooperation agreement
with County.
7. Grant Disbursements
After "County share" has been deducted from the total urban county grant,
City shall receive from County its "City share" and its "sphere of influence
share." "County share" shall not exceed 15 per cent of the total urban county
grant.
City understands and agrees that such funds are the sole and exclusive
obligation of County and that such obligation of 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 in
excess of those disbursed to City herein and to other non - entitlement cities
with which County shall enter into cooperation agreements, will be expended
on eligible activities and projects selected by County. Should any of City's
projects be found to be ineligible activities or activities plainly
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where County cannot operate within the boundaries of City, that City shall
consider and do all that is necessary and proper to follow County's recom-
mendations.
10. Services, Equipment and Property; Reimbursement
County shall provide or be primarily responsible for providing the
services, equipment and other property necessary for the planning, prepara-
tion and filing of the application and for the administration of the grant
funds subject to the right of County to seek reimbursement for actual
expenses and costs of furnishing such services, equipment and property
from the "County share." 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.
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 Federal Management Circulars 74 -4
and 74 -7 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, the 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 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.
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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.
15. 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.
IN WITNESS WHEREOF, parties hereto have executed this agreement on
the dates set forth below.
Date:
ATTEST: DONALD M. RAINS
Clerk, Board of Supervisors
COUNTY OF SANTA CLARA
By
Chairperson, Board of Supervisors
Date: Nov. 28, 1978 (yD1 TOWN OF LOS GATOS
By
MAYOR, TOWN OF LOS GATOS
ATTEST:
TOWN CLERK
Ey:R6se A1dag,Assist.Town �erk
TOWN OF LOS GATOS
M The Community Development Proqram has been developed so as to give maxi-
mum feasible priority to activities which will benefit low- and moderate- income
families or aid in the prevention or elimination of slums or blight.
(The requirement for this certification will not preclude the Secretary from
approving an application where the applicant certifies, and the Secretary deter-
mines, that all or part of the Community Development Program activities are
designed to meet other community development needs having a particular urgency
as specifically explained in the application in accordance with 5570.302(f).)
(9) It will comply with the regulations, policies, guidelines and require-
ments of OMB Circular No, A -102, Revised, and Federal Management Circular 74 -4
as they relate to the application, acceptance, and use of Federal funds under
24 CFR 570.
(h) It will administer and enforce the labor standards requirements set forth
in 24 CFR 570.605 and HUD regulations issued to implement such requirements.
(i) It will comply with all requirements imposed by HUD concerning special
requirements of law, program requirements, and other administrative requirements,
approved in accordance with OMB Circular No. A -102, Revised.
(j) It will comply with the provisions of Executive Order 11296, relating to
evaluation of flood hazards and Executive Order 11288 relating to the prevention,
control, and abatement of water pollution.
(k) It will require every bulld.ing or facility (other than a privately owned
residential structure) designed, constructed, or altered with funds provided
under 24 CFR 570 to comply with the "American Standard Specifications for Making
Buildinas and Facilities Accessible to, and Usable by, the Physically Handicapp-
ed," Number A- 117.1 -R 1971, subject to the exceptions contained in 41 CPR 101-
19.604. The applicant will be responsible for conducting inspections to insure
compliance with these specifications by the contractor.
(1) It will comply with;
(1) Title VI of the Civil Rights Act of 1964 (Pub. L. 88 -352), and the regu-
lations issued pursuant thereto (24 CPR Part 1), which provides that no person
in the United States shall on the grounds of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or be otherwise sub-
jected to discrimination under any program or activity for which the applicant
receives Federal financial assistance and will immediately take any measures
necessary to effectuate this assurance. If any real property or structure there-
on is provided or improved with the aid of Federal financial assistance extended
to the applicant, this assurance shall obligate the applicant, or in the case of
any transfer of such property, any transferee, for the period during which the
real property or structure is used for a purpose for which the Federal financial
assistance is extended, or for another purpose involving the provision of similar
services or benefits.
(2) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90 -284), as amended,
administering all programs and activities relating to housing and community
development in a manner to affirmatively further fair housing; and will take
action to affirmatively further fair housing in the sale or rental of housing,
the financing of housing, and the provision of brokerage services.
(3) Section 109 of the Housing and Community Development Act of 1974, and the
regulations issued pursuant thereto (24 CPR Part 570.601),. which provides that no
person in the United States shall, on the grounds of race, color, national origin,
or sex, be excluded from participation in, be denied the benefits of, or be sub-
jected to discrimination under, any program or activity funded in whole or in parr
with funds provided under 24 CFR 570.
nane 2 of 4 Hun -7n4A (4-79)
(0) It will comply with the provisions of the Hatch Act which limits the
Political activity of employees.
(r) It will give HUD and the Comptroller General through any authorized
representatives access to and the right to examine all records, books, papers, or
documents related to the grant.
(s) It will insure that the facilities under its ownership, lease or supervi-
sion which shall be utilized in the accomplishment of the program are not listed
on the Environmental Protection Agency's (EPA) list of Violating Facilities and
that it will notify HUD of the receipt of any communication from the Director of
the EPA Office of Federal Activities indicating that a facility to be used in the
project is under consideration for listing by the EPA.
(t) It will comply with the flood insurance purchase requirements of Section
102(a) of the Flood Disaster Protection Act of 1973. Pub. L. 93 -234, 87 Star.
975, approved December 31, 1973. Section 103(a) required, on and after March 2,
1974, the purchase of flood insurance in communities where such insurance is
available as a condition for the receipt of any Federal financial assistance for
construction or acquisition purposes for use in any area, that has been identi-
fied by the Secretary of the Department of Housing and Urban Development as an
area having special flood hazards. The phrase "Federal financial assistance"
includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy,
disaster assistance loan or grant, or any other form of direct or indirect
Federal assistance.
(u) It will, in connection with its performance of environmental assessments
under the National Environmental Policy Act of 1969, comply with Section 106 of
the National Historic Preservation Act of 1966 (16 U.S.C. 470), Executive Order
11593, and the Preservation of Archeological and Historical Data Act of 1966 (16
U.S.C. 469a -1, et. seq.) by:
(1) Consultinq with the State Historic Preservation Officer to identify
properties listed in or eligible for inclusion in the National Register of His-
toric Places that are subject to adverse effects (see 36 CFR Part 800.8) by the
proposed activity, and
(2) comDlyino with all requirements established by HUD to avoid or mitigate
adverse effects upon such properties.
page 4 of 4 HUD -7066 (6 -78)