HomeMy WebLinkAboutCC Res 3948 1990-06-11
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RESOLUTION No. ~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH, APPROVING THE CITY'S PARTICIPATION IN THE
HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
WITH THE COUNTY OF ORANGE
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 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.
th,..bJ.ty of
~ day of
the City Council of
thereof held on the
vote:
SED, APPROVED AND ADOPTED by
1 Beach at a regular meeting
, 1990, by the following
Council Member
NOES:
Council Members
ABSENT:
council Members
~dM..~ f ~~)
Mayor
CITY OF SEAL BEACH
city of sealm4ea
Resolution No.
Page 0 2
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF ORANGE )
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I, Joanne M. Yeo, City Clerk of the City of Seal Beach,
California, do hereby certify that ~e/~regoing resolution is an
ori n 1 copy or Resolution Number~.on file in ~h ffice of
th ci f Clerk, introduced at a meet1ng held on the - day of
, 1990 d passed, approved and a opted by the
C t oun~ of the cit of Seal Beach at a meeting thereof held
on the II _ day of , 1990, by the following
vote: .
AYES:
Councilmember
NOES:
ABSENT:
and do hereby certify that solution
published pursuant to the Seal Be
No. 2836.
No. ~has been
ity Charter and Resolution
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Resolution Number ~~~~
COOPBRATION AGKI5SMll;L'IT
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'l'BIS AGRBBMENT is entered into this
day of
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3 BY AND BJt~...~
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CITY OP SEAL BBACII, a aunicipal oorporation,
hereinafter referred to aB err!,
lUId
OOllN'rY OP ORANGI!:, a political Bubdivision of
the state of CaUfornia lUId recognhed Urban
County IlIIder the Pederal RouBing IIIId CcIImun1ty
Developaent Act of 1974 (l'11blic Law 93-383), as
lIIlIended, hereinafter referred to as COUN'l'lr. .
10 WBBRBAB, !lit1e I of the Rou8ing and CClllDunity Developaent Act of 1974 (PUblic
11 Law 93-383), as ..ended, hereinafter referred to a8 ACT, ukeB avaUable to the comrrY
12 as lUI Urban County and CitieB under 50,000 population grants through the CCllllunity
13 Developaent Block Grant progrlllll (hereinafter referred to aB -CIlBG-) to be used for
14 eligible RouBing and Community Developaent activities, and
15 1IBBRBAS, the ACT requireB such citieB and the OOUlttf to enter into oooperation
16 agn_entB in order for the CitieB to be included as part of the Urban County CDBG
Progrlllll, and
1IBBRBAS the COtlN'l'Y lUId CITY deBire to oooperate to undertake or asBbt in
undertaking, CCIIIIIunity renewal lUId lower inCCllle housing assistance activitieB,
20 specifically urban renewal lUId publicly aBsbted houBing,
21 NOW, !'IIBRBPORB, the parties agree aB followB:
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!biB Agreuent Bball constitute a oooperation agr_ent between the parUeB
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23 within the .aning of Section 102 (a) (b) of the ACT. 'file par ties agree to oooperate in
24 the lDIdertaking, or aBBbUng in lDIdertaking, _unity renewal and lower illOOllle housing
25 assistance activities, specifically urban renewal lUId publicly ...lated houBing.
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COllN'rY Bhall have the authority to carry out activitieB which will be funded
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27 frClll lIIIIlual Community Developaent Block GrlUltB for Pbcal YearB 1991, 1992 and 1"3
28 appropdatiollB lUId fran lUIy program inCCllle generated fran the expenditure of such fundB.
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COUNTY shall have final reBpollBibllity for Belecting activitieB lUId aMuslly
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2 filing the grant application (i .e., pinal Stat_ent of CCDlllunity Developllent Objectives
3 and projected UBe of PundB) with the Federal Departllent of Rousing and Urban
4 Developaent, hereinafter referred to aB -utJD.- In the preparation of said application,
5 OOllN'rY shall give due consideration to CI'l'Y'B analyB1s of OOIlIIIunity developaent needs
6 and propoaed activities.
Resolution Number _1~~lf
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4.
SillCl8 HUD shall IIDt accept an agreaent inclwUng a provision for veto or
8 other r88triction which would allow any party to obstruct implaentation of the Housing
9 A88istance Plan, both COllH'l'Y and CITY shall attupt to fulfill bousing goals established
10 by the BUD approwd Housing Assistance Plan for the period of this Agre8lllent u
11 refarenced in Section 7 and for additional tiae as .ay be required for the ezpenditure
12 of funds granted to the COtJN'l'Y.
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5. BOth COllH'l'Y and CITY agree to take all actions necessary t.o usure CCIIIPli1
14 with the Urban County's certification required by section 104(b) of Title I of the
15 Housing CCllllllunity Development Act of 1974, as ..ended, including Title VI of the Civil
16 Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 109 of Title I
17 of the Housing and CCllllllunity Development Act of 1974, as amended, and other applicable
18 civil rights laws. It is reoognized BIIIOng the parties that nonooapliance thereto by the
19 CITY .ay also oonstitute nollClOlllpliance by the Urben County COBG program which may
20 provide cause for funding sanctions or other reaedial actiollS by HUD.
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In the event COllH'l'Y's Urban County application is approve~ by BUD, COUIl'l'Y
22 shall oontract with the CIT! to utilize any such grant. flmds raceiwd from BUD which are
23 attributable to activities adainistered by CITY, unless another fora of allocation is
24 required by HUD.
25 7. 'l"his Agreement shall be for the three year program period covering the 17t.
26 18th and 19th years (piscal Years 1991, 1992 and 1993, respectively) Housing and .
27 CCllllllunity Development Block Grant applications. In no event sbell this Agre8lllent be
28 terminated by either party before the expiration of this three year period beginning
1 July 1, 1991 and ending J\IIIe 30, 1993, except through special federal enabling
2 legi81ation for t.eminatlon or withdrawal from the urban County and as pemitted by BUD.
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8.
The eligible activities to be undertaken during the tara of t.his Agrellllent
4 will be chosen by CITY from those authorized by BUD Rules and Regulations governing the
5 CDBG Program.
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9.
BOth COU...rz and CITY agree to ODIIlply with t.he requiraente of the Urban
7 CO\lllty CCIIIIII\IIIity Development Block Grant program, including laws, and policies
8 applicable to said program.
10.a. CITY aust inforll the COllH'l'Y (through periodic reports requested by ataff oJ
10 COlJN'1'f) of any inooae generated by the expenditure of CDBG flmds recehed by the CITY
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11 end that per applicable federal requirements, such program illCOllle aust be paid to the
12 COUN'l'Yr and/or, t.he CITY lIay retain such program inCOlll8 only if t.hat program inCCllle is
13 used ellCluaively for eligible activities, aa deterained and agreed upon by the 00llH'1'Y
14 and CITY, and in acoordance with all CIlBG requir emants as may then applyr end,
Resolu.tion Number .:J9~t:9
15 b. CITY 8hall keep and llaintain appropriate record8 on the U8e of any 8uch
16 program inCClllle as lIay be required by 8taff of the COtlN'l'r 8ince the COtltmr has the
17 re.ponsibility of IIOnitoring and reporting program illCOlle to BIlD.
18 c. In the event of c108e-<lUt or change in 8tatu8 of the participating CITY, any
19 program illCOlle at that tille or received 8ub8equent to the close-out or change in 8tatU8
8hall be paid by cm to the (X)tJN'l'Y within ninety days (90 days) thereafter.
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ll.a. Any real property acquired or illlproved in whole or in part by the CITY using
CIl8G fmd8 that may be 8ubject to any proposed lIodification or change in U8e fram tha~
23 plannec1 at the tille of acquisition or illprcmtment, including 4ispoeition, mU8t he
24 reportee! by cm to the (X)tnl'n' and receive OOUN1'lC ooncurrence thereto ln advance of
25 ll1pl_anting the modiflcation or change ln U8e.
26 b. Should the di8po8ition, 8ale or transfer of 8uch real ~operty acqulred or
27 illproved ln whole or in part u.ing CDBG fund. re8ult in a U8e whlch doe8 not qualify
28 under CDIlG regulations, the 00UN'l'Y 8hall be reimbur8ed by CITY ln an 8IIOunt equal to the
1 clKrent falr market value (le.8 any portion thereof attributable to e.ndlture8 of noD-
2 CDIlG fmd8).
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3 c. Any program lnCOlle generated fram the disposition, trllllllfer or 8ale of 8uch
4 property prior to or 8ubsequent to the c108e-<lUt, change of 8tatu8 or teElllnation of the
5 cooperation agre.ent hetween the 00tll'f.&:I and CITY may be elther u8ed by CITY for other
6 apeclfic eligible activities ln the CITY or paid to the (x)1lN'1'Y for other eligible Urben
7 County actlvitie8, a8 determined in advance of the npenditure at the discretion of the
8 COtJ1l'1'r .
9 12.a. CITY ahall indellnify, hold harllle.. arid defand C01lN'1'Y, i t8 officers, agents
10 and .ployee8 against all liability, claill8, les8e8, d8llland8 and action8 for injury to
11 or death of per80ns or dam.ge to property ari8ing out of or alleged to arise out of or
12 in oonsequence of this Agre..ent, provided 8uch liability, claill8, demand8, les8e8 or
13 actions are clailled to be due to the act. or amis8ions of CITY, its officers, agents or
14 _ployee8 in the perfomance of this Agre..ent, including any activitie8 conducted by
15 CI'fY under it. application.
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16 b. In addition, CITY 8hall indemnify and hold harllle.. (X)uerrY against any
17 liability, alai.., les.e8, demand8, and action8 lncurred by 00tJN'l'Y a8 a re8ult of a
18 determination by BllD that activitie8 under taken by CITY under CITY' 8 application failed
19 to _ply with any laws, regulations, or poliCie8 applicable thereto or that any funds
20 forwarded to CITY under this Agre8lllent were illproperly expended.
21 c. The provisiOns of 1, 3, 4, 5, 6 and 7 of Section 2778 of the California Civil
22 COde, a8 said section exi8ts on the effeeti". 4ate of this Agre.ent, 8hall be
Resolution Number ~~~J.?
23 applicable to the above lnd_nlUcatlon prov1Bloll8. 'fra_lttal to crn of my
24 pleadlngl lened apen COtlRTY lhall be deemed to be a requelt to defend.
25 13.a. COlJIl'1'Y .hall lnd_nlfy, bold harllleal and defend crn, its ofUeerl, agentl
26 and ellployeel agalll8t all llab1l1ty, clall18, leelel, d8llandl and act:loll8 for injury to
27 or death of persOIl8 or damage to .property ade1ng out of ~ alleged to adle out of or
28 in ClOll8equence of tb1B Agreement, provided lucb Uab1l1ty, claiml, demmcla, laelel a::
1 act:~OIl8 are claimed to be due to the actl or cml11101l8 of OOtJR'l'Y, 1~1 officers, agenul
2 or _ployael in the performance of th1e Agreement, including any activities conducted by
3 cxmrd under its appllcatlon.
4 b. In addition, OOtlNTY lhall indemnify and bold harmle88 CITY agalll8t any
5 Uab1l1ty, clalml, lC18lel, demandl, and actions incurred by crn al a result of a
6 determination by BCD that act:ivl tiel undertaken by OOtlNTY under OOtlNTY'1 appl1cation
7 falled to oomply with any laws, regulationl, or pollclel appllcable thereto or that any
8 fllllds forwarded to OOtJR'l'Y IIIIder th1s Agreement were 1IIIproperly expended.
9 c. '!be prov1s1oll8 of paragraphs 1, 3, .., 5, 6 and 7 of Section 2778 of tbe
10 California Civll Code, al Bald lectloll8 exlatl on the effectlve date of th1e Agreement,
11 lhall be applicable to tbe above indemnification prov1s101l8. Tranlmlttal to OOtJR'l'Y of
12 any pleadlngl lerved upon CITY Iball be deemed to be a requelt to defend.
13 14. COtJR'l'Y shall have the dght to pedodlcally audit CITY' I recordl
to determll
14 CCllIlpl1ance with thl1 Agreement.
15 15. CITY lhall forward to OOtJNTY a ClOpy of each annual audit of the CITY during
16 this Agreellent pedod ClOnducted by an independent pubUc auditor as lOon al the audit
17 report beoomel avanable. OOtJR'l'Y shall have the dght to ell8ure that neOlssary
18 corrective actloll8 are ..de by tbe CITY for any audit Undlngs pertinent to ern
19 bandllng of CDBG funding or the CDBG Program per f~eral requlrementl.
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Resolution Number .391/8
I1Il1I'l'RBSS TBBRBOF, CITY bas caused this Agreement to be e.cuted by its Mayor end
attMted by its Clerk and OOUN'l'f bu caused this Contract. to be e.ecuted by the OIairman
of the Board of Supervisors and certified by its Clerk, all ,having been duly authorized
by the City Council of cn'! and the orange County Board of supervisors.
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A
15 Datedl
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17 SIGNED AND CBRTII!'IBD THAT A copy OF
TIllS DOCllMBN'l' BAS BEEN DELIVBRBD TO
18 TIIB CllAIRMAN or TIlE BOP.RD.
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20 LINDP. D. RtJ'l'B
Clerk of the Board of Supervisors
21 of orange County, California
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APPROI1BD AS TO PORMI
23 AIBIA1I KUYPER, County Counael
ClllARGB Q)UN'1'Y, CALIPORNIA
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25 By ~ /' ~
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BlCD n
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I AEPlbjgIIP2-9.12
28 OS/24/90
CITY or SEAL BBACII
By
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'7ffd....) t. ~~.~
Mayor
COtJN'l'Y or ORANGE, a political subdivision
of the State of California
By
Chairman of the BOard of supervisors
Q)t!NTY
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