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Home My WebLink AboutCC Res 4478 1996-06-10 I I I RESOLUTION No. ~J/.11J A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, APPROVING THE CITY'S PARTICIPATION IN THE HOUSING AND COUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE COUNTY OF ORANGE (FY'S 1997,1998 AND 1999) The City Council of the City of Seal Beach does hereby resolve as follows: WHEREAS, it is the intent of the City of Seal Beach to participate in the filing of an application with the County of Orange for a grant authorized under the Housing and Community Development Act of 1974, as amended; and WHEREAS, the Housing and Community Development Act 'of 1974, as amended, authorizes cities with populations under 50,000 population to enter into cooperation agreements with the county in which they are located for the purpose of undertaking essential housing and community development activities; and WHEREAS, the Federal Government requires participating cities to assure that the funds will be secured and utilized pursuant to applicable federal, state and local laws and regulations relative to the Community Development Block Grant Program; and WHEREAS, it is necessary that the City of Seal Beach adhere to the Housing Assistance Plan as approved by the United States Department of Housing and Urban Development for the Urban Development for the Urban County Community Development Block Grant Program. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seal Beach does hereby adopt the Cooperation Agreement. PASSED, APPROVED AND ADOPTE regular meeting thereof held on e AYES: Council Member NOES: Council Members ABSENT: Council Members A~~: y , ; '"",,-- / 4~~~~j erwen orsyt e, ayor. City of Seal Beach ""J.m.."",~ _4[' f SEAL 8 =- 0 ....oao 1"..., 'J. ;:' ~"" '''~0''0I14'':.'' c..~~ l#(j/\<#, 'o...~... 'It' ~\(C ~ . 0 l!: : g o(~ ~~~o ~'!ii~ ~." 0"" .." ~:; ~/"" .'.0., ,~,.." ~o.e 't Q .. 1/ 27. .' ...- I,,"" ......... ......'\,;.4' , ~o .-I c...-=- \\" UN" . ..$' ~\\\\:u.t STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH ) ) SS ) I, Joanne M, Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the f~ng Resolution is a copy of the original Resolution Number on file in the office of the City Cler , p ssed, approved and adopted by the City COU~il of the City of S al ach at a meeting thereof held on the ,1/1__ day of , 1996, . tL8 Resolution Number 9''/115 COOPERATION AGREEMENT TInS AGREEMENT is .entered into this It21!1 day of p ~ BY AND BETWEEN 199.6 CITY OF SEAL BEACH. a municipal I cooperation. hereinafter referred to as City. AND COUNTY OF ORANGE, a political subdivision of the State of California and recognized Urban County under the Federal Housing and Community Development Act of 1974 (Public Law 93-383), as amended, hereinafter referred to as County. WHEREAS, Title I of the Housing and Community Development Act of 1974 (Public Law 93-383), as amended, hereinafter referred to as ACT. makes available to the COUNTY as an Urban County and cities under 50,000 population. grants through the Community Development Block Grant Program (hereinafter referred to as "CDBG") and the HOME Investment Partnership Program (hereinafter referred to as "HOME"), and any subsequent HUD Program which may become available to the County to be used for eligible Housing and Community Development activities, and I . WHEREAS, the ACT requires such cities and the COUr-..TTY to enter into cooperation agreements in order for the cities to be included as part of the Urban County CDBG and HOME Programs, and WHEREAS the COUNTY and CITY desire to cooperate to undertake or assist in undertaking. community development and lower income housing assistance activities. specifically urban renewal and publicly assisted housing, NOW, THEREFORE, the parties agree as follows: 1. This Agreement shall constitute a cooperation agreement between the parties within the meaning of Section 102 (a) (b) of the ACT. The parties agree to cooperate in the undertaking, or assisting in undertaking, community development and lower income housing assistance activities, specifically urban renewal and publicly assisted housing, 2. COUNTY shall have the authority to carry out activities which will be funded from annual Community Development Block Grant or HOME Program Fiscal Years 1997, 1998, and 1999 appropriations and from any program income generated from the expenditure of such funds. I I I I ~esolution Number ~~i';1 3. COUNTY shall have final responsibility for selecting activities and annually filing the grant application (i.e., Annual Action Plan) with the Federal Department of Housing and Urban Development, hereinafter referred to as "HUD." In the preparation of said application, COUNTY shall give due consideration to CITY's analysis of community development needs and proposed activities. 4. COUNTY certifies that it is following an adopted Consolidated Plan (CP) as promulgated in 24 CFR Parts 91 and 570.306, 5. Since HUD shall not accept an agreement including a provision for veto or other restriction which would allow any party to obstruct implementation of the Consolidated Plan, both COUNTY and CITY shall attempt to fulfill housing goals established by the HUD approved CP for the period of this Agreement as referenced in Section 9 and for additional time as may be required for the expenditure of funds granted to the COUNTY, 6. Both COUNTY and CITY have adopted and do enforce a policy prohibiting excessive force within their jurisdictions, and to enforce state and local laws against physically barring entrance to or exit from facilities subject to non-violent civil rights de~onstrations. 7, Both COUNTY and CITY agree to take all actions necessary to assure compliance with the Urban County's certification required by Section 104 (b) of Title I of the Housing Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, Title VITI of the Civil Rights Act of 1968, Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, and other applicable civil rights laws. It is recognized among the parties that noncompliance thereto by the CITY may also constitute noncompliance by the Urban County CDBG Program which may provide cause for funding sanctions or other remedial actions by HUD. 8, In the event COUNTY's Urban County application is approved by HUD, COUNTY shall contract with the CITY to utilize any such grant funds received from HUD which are attributable to activities administered by CITY, unless another form of allocation is required by HUD. 9. This Agreement shall be for the three year program period covering the 23rd, 24th and 25th years (Fiscal Years 1997, 1998 and 1999, respectively) Housing and Community Development Block Grant applications including any subsequent supplemental sources (Section 22). In no event shall this Agreement be terminated--by either party before the expiration of this three year period beginning July 1, 1997 and ending June 30, 2000, expect through special federal enabling legislation for termination or withdrawal from the Urban County and as permitted by HUD. Resolution Number ~~j1tr 10. As permitted by HUD Notice CPD 96-04, this agreement will be automatically extended for an additional three (3) year period unless written notification of intent to terminate is received from the participating CITY sixty (60) days prior to the specified expiration of this agreement referenced in number 9 above, a. CITY and COUNTY agree to adopt amendment(s) to this agreement as may be required by HUD to meet any new Urban County Qualification requirement(s) for years subsequent to 1999. The COUNTY will notify Cities of the right not to participate and . refusal by CITY or COUNTY to this term and/or amendment(s) will void the automatic renewal provision of this agreement. 11. The eligible activities to be undertaken during the term of this Agreement will be chosen by CITY from those authorized by HUD Rules and Regulations governing the CDBG and HOME Programs and any regulations which may be applicable to future Supplemental Federal Programs (Section 22). 12. Both COUNTY and CITY agree to comply with the requirement(s) of the Urban County Community Development Block Grant and HOME Programs, including laws, and policies applicable to said Programs, 13. CITY acknowledges by the execution of the CDBG cooperation agreement that as the included unit of general local government it: a. May not apply for grants under the smalI cities or state CDBG and HOME Programs from appropriations for fiscal years during the period in which it is participating in the Urban County's CDBG and HOME Programs; and b. May not participate in a HOME consortium except through the urban county, regardless of whether the urban county currently receives a HOME formula alIoca tion, I I c. May not terminate or withdraw from the agreement until the CDBG and HOME, (where applicable) funds and income received with respect to the three year qualification period (and any successive qualification periods under agreements that provide for automatic renewals) are expended and the funded activities completed. 14. a. City must inform the COUNTY (through periodic reports requested by staff of COUNTY) of any income generated by the expenditure of Program funds received by the CITY; and that per applicable federal requirements, such program income must be I paid to the COUNTY; and/or, the CITY may retain such program income only if that program income is used exclusively for eligible activities, as determined and agreed upon by the COUNTY and CITY, and in accordance with alI CDBG and HOME Program requirements as may then apply; and, b. CITY shall keep and maintain appropriate records on the use of any such program income as may be required by staff of the COUNTY since the COUNTY has the responsibility of monitoring and reporting program income to HUD. I I I Resolution Number ~;1).( c. In the event of close-out or change in status of the participating CITY, any program income at that time or received subsequent to the close-out or change in status shall be paid by CITY to the COUNTY within ninety (90) days thereafter. 15. a. Any real property acquired or improved in whole or in part by the CITY using CDBG funds that may be subject to any proposed modification or change in use from that planned at the time of acquisition or improvement, including disposition, must be reported by CITY to the COUNTY and receive COUNTY concurrence thereto in advance of implementing the modification or change in use. b. Should the disposition, sale or transfer of such real property acquired or improved in whole or in part using CDBG or HOME Program funds result in a use which does not qualify under CbBG or HOME Program regulations, the COUNTY shall be reimbursed by CITY in an amount equal to the current fair market value (less any portion thereof attributable to expenditure of non-CDBG/HOME funds). c. Any program income generated from the disposition, transfer or sale of such property prior to or subsequent to the close-out, change of status or termination of the cooperation agreement between the COUNTY and CITY may be either used by CITY for other specific eligible activities in the CITY or paid to the COUI\TTY for other eligible Urban County activities, as determined in advance of the expenditure at the discretion of the COUNTY. 16. a. CITY shall indemnify, hold harmless and defend COUNTY, its officers, agents and employees against all liability, claims, losses, demands and actions for injury to or death of persons or damage to property arising out of or alleged to arise out of or in consequence of this Agreement, provided such liability, claims. demands, losses or actions are due to the acts or omissions of CITY, its officers, agents or employees in the performance of this Agreement, including any activities conducted by CITY under its application. b. In addition, CITY shall indemnify and hold harmless COUNTY against any liability, claims, losses, demands, and actions incurred by COUNTY as a result of a determination by HUD that activities undertaken by CITY under CITY's application failed to comply with any laws, regulations, or policies applicable thereto or that any funds forwarded to CITY under this Agreement were improperly expended, c. The provisions of Section 2778 of the California Civil Code, as said section exists on the effective date of this Agreement, shall be applicable to the above indemnification provisions, Transmittal to CITY of any pleadings served upon COUNTY shall be deemed to be a request to defend. Resolution Number ~i'~ 17. a. COUNTY shall indemnify, hold harmless and defend CITY, its officers, agents and employees against all liability, claims, losses, demands and actions for injury to or death of persons or damage to property arising out of or alleged to arise out of or in consequence of this Agreement, provided such liability, claims, demands, losses or actions are due to the acts or omissions of COUNTY, its officers, agents or employees in the performance of this Agreement, including any activities conducted by COUNTY undel'- its I application. b. In addition, COUNTY shall indemnify and hold harmless CITY against any liability, claims, losses,' demands, and actions incurred by CITY as a result of a determination by HUD that activities undertaken by COUNTY under COUNTY's application failed to comply with any laws, regulations, or policies applicable thereto or that any funds forwarded to COUNTY under this Agreement were improperly expended. c. The provisions of Section 2778 of the California Civil Code, as said sections exists on the effective date of this Agreement, shall be applicable to the above indemnification provisions. Transmittal to COUNTY of any pleadings served upon CITY shall be deemed to be a request to defend. 18. COUNTY shall have the right to periodically audit CITY's records to determine compliance with this Agreement. 19. CITY shall forward to COUNTY a copy of each annual audit of the CITY I during this Agreement period conducted by an independent public auditor as soon as the audit report becomes available. COUNTY shall have the right to ensure that necessary corrective actions are made by the CITY for any audit findings pertinent to CITY handling of CDBG Program funding per federal requirements. 20. The CITY and COUNTY agree that Community Development Block Grant or HOME Program funcFng for any activities in or in support of any cooperating CITY, that does not affirmatively further fair housing within its own jurisdiction, or that impedes the COUNTY's action to c~mply with its fair housing certification is prohibited. 21. Pursuant to 24 CFR 570.501 (b), the CITY is subject to all requirements applicable to subrecipients, including the requirement of a written agreement set forth in 24 CFR 570-503. 22. This Cooperation Agreement is applicable to any supplemental programs I which HUD makes available through the CDBG program and the HOME Im'.estment Partnership Program (HOME) and applicable provisions and regulations thereof, I I I Resolution Number ~~ IN WITNESS THEREOF, CITY has caused this Agreement to be executed by its Mayor/City Manager and attested by its Clerk; COUNTY has caused this Contract to be executed by the Chairman of the Board of Supervisors and certified by its Clerk, all having been duly authorized by the City Council of CITY and the Orange County Board of Supervisors. CITY OF SEAL BEACH I"ti. /99~ , By _<lLu- /9Z-A>"-/-<" u COUNTY OF ORANGE, a political subdivision of the State of California Dated: q 110/96 By: Dho ai Pusavat, Director EM.A: - Housing and Redevelopment ORIGINAL AGREEMENT APPROVED AS TO FORM: May 22, 1996 OFFICE OF THE COUNTY COUNSEL ORANGE COUNTY, CAliFORNIA