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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 -3- 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 -5- 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. -7- 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)