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Home My WebLink AboutCC Res 3406 1984-09-10 , RESOLUTION NUMBER ,j~()te. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA 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: 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 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 I 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 810ck Grant Program; and WHEREAS, it is necessary that the City adhere to the Housing Assistance Plan as approved by the U.S, Department of Housing and 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, California, does hereby adopt the Cooperation Agreement. , PASSED, APPROVED AND ADOPTED by the City Council_of the C~ J Seal Beach at a meeting thereof held on the /a~. day of ~'~,/.I~ 1984, by the following vote . AYES: Counci1members NOES: Councilmembers ABSENT: Counci1members I Q:... 4...,~...VC ayor ' ATTEST: I .....~"',"(...";'.::.."'\ ..::-0:- .. "= f,! ..~, .::,- 0" ':'.,\ ""\1 .:;::, :".,00:10=>>0 CQ'JlJI I, ;7.:: ......\,..Q,.POf/~.;.o-yc 1,1. :;: c,,; .'.;i' "0.. '10 1, ~ 0 0 ~ 3>lol' ~ 'lo{<Z ~ u 0 2 '" () : . :.;I g <~ ~ " .o_:! ~,a ~C'Il'""-:\'~ CI:~f:! '~~~ ,....,) -:..::.- ~1i".l~ 't,,~(.~,.t:J~:" ~ '.U. \1~" "'{~q " ,- , " , ., . It", "'" . c.~"_-:.'" Iii v U i': T". .:i.:~ \\\\\\\"...~~ I 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 thed~:~oing resolution is the original copy of Resolution Number,J: b on file in the office of the City Clerk, pas ed, approved an a opted by the City Council of the ~ City 0 al each t regular meeting thereof held on the ,1~ ~ day 0 , 1984. 1 2 3 4 I 7 8 9 '10 11 12 13 14 15 16 I: 19 20 21 22 23 24 25 26 I~ 3 .. 5 6 7 !! Resolution Number ~ COOPERATION AGREEMEN'l' THIS A~ is entered into this day of 19_. 8lC AND 8BTWEEN CITlC OF ~19I-~!Pe /oJ , a mun ic ipal corporation, hereinafter referred to as CITlC, AND COUNTlC OJ!' ORANGE, a political subdivision of the Stete of California and recognized Urban County under the Federal Housing and Community Development Act of 197. (PUblic Law 93-3831, as amended, hereinafter refeHed to as COUNTY. I WHEREAS, Title I of the Housing and Community Development Act of 197. (Public Law 93-3831, as amended, hereinafter referred to as ACT, ukes available to cities under 50,000 population and the unincorporated area of the County of Orange grants to be used for eligible Housing and Community Development activities, and WHEREAS, said ACT authorizes such cities and said COUNTY to enter into agreements in order to cooperate to undertake or assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing, and WHEREAS, said Agreements give COUNTY authority to carry out activities whicb will be funded from annual Community Development BlOCk Grants for Piscal Years 1985, 1986 and 1987 appropriations, NOW, '.l'HEREl!'ORE, the parties agree as followsl 1. This Agreement shall constitute a cooperation agreement between the parti.. within the meaning of Section 102 (al (bl of the 1Cf. The parties agree to cooperate in the undertaking, or assisting in undertaking, community development and lower income housing activities, specifically urban renewal and publicly assisted ?:1 boIlsing. 28 2. COONTY alIall be responsible for the preparation, adoption and submission of an Urban County Application to the Department of Housing and Urban Development, hereinafter referred to as "BUD." In the preparation of said applicstion, COUNTlC shall give due consideration to CITlC'S analysis of community development needs and proposed activities. 3. CITlC shall atte~t to fulfill housing goals established ~ the HUD approved Housing Assistance plan and shall comply with the COUNTY's Community Development Block Grant Program and all laws, regulations and policies applicable to said Program. ,. ./ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ?:l Resolution t1umber !Jt/f)!o , . It 4. Botb COUN'l'Y and CITY agree to take all required actions to COIIply with the proviSions of Title VI of tbe Civil Rigbts Act of 1964, Title VIII of the Civil Bigbts 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. 5. In the event COllN'l'Y's "'rban County application is approved by HUD, COUNTY shall contract with the CITY to utilize any such grant funds received from I BUD which are attributable to activities administered by CITY, unless another form of allocation is required by HUD. 6. This Agreement shall be for the three year program period covering the 11th, 12th and 13th years (Fiscal Years 1985, 1986 and 1987, respectively) Housing and Community Development BlOCk Grant application.. In no event shall this Agreement be terminated before the expiration of this three year period beginning July 1, 1985 and ending June 30, 1988. 7. The eligible sctivities to be undertaken during the term of this Agreement will be chosen by CITY from the following listing: 1 2 3 4 a. Acquisition of Real Property b. Public Works, Facilities, Site Improvements c. Code Enforcement d. Clearance, Demolition, Rehabilitation e. Rehabilitation Loans and Grants f. Special projects for Elderly and Handicapped g. Payments for Loss of Rental Income h. DispoSition of Real Property i. Provision of Public Services j. Payment of Non-Federal Shares k. Completion of Urban Renewal Projects 1. Relocation Payments and Assistance m. Planning and Management Development n. Administrative o. Continuation of Model Cities Activities p. Historic Preservation q. Bconomic Development I 5 6 8. a. CITY shall indemnify, hold harmless and defend COllN'l'Y, ita I 7 officers, agents and employees against all liability, claims, losses, demands and 8 actions for injury to or death of persons or damage to property arising out of or 9 alleged to arise out or in consequence of this Agreement, provided such liability, 10 claims, demands, losses or actions are claimed to be due to the actli or omissions of 11 CITY, its officers, agents or employees in the performance of this Agreement, I 12 including any activities conducted by CITY under its application. 13 b. In addition, CITY shall indemnify and hold harmless COUNTY 14 against any liability, clailllB, losses, demands, and actions incurred by COUNTY as a 15 result of a determination by HUD that activities under CITY's application failed to 16 comply with any laws, regulations, or policies applicable thereto or that any funds 17 forwarded to CITY under this Agreement were improperly expended. I: 28 1 2 8 .. 5 6 17 , 8 9 10 11 12 13 14 15 16 17 18 t Resolution Number ~I/o b . _ ~\.f, 18 c. The provisions ~f .par"gnptuo I.., .i, .c, S, ~ and 7 of Section 2778 19 of the California Civil Code, as said section exists on the effective date of this 20 Agreement, shall be applicable to the above indemnification provisions. Transmittal 21 to CI'l'Y of any pleadings served upon COUN'l'Y shall be deemed to be a request to defend. 9. a. COUN'l'Y shall indemnify, hold harmless and defend CITY, its 24 officers, agents and employees against all liability, claims, losses, demands and 25 actions for injury to or death of persons or damage to property arising out of or 26 alleged to arise out or in consequence of this Agreement, provided such liability, 27 claims, demands, losses or actions are ~laimed to be due to the acta or omissions of r COUN'l'Y, its Officers, agents or employees in the perfor_nce of this Agreement, including any activities conducted ~ COUNTY under its 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 BUD that activities undertaken under COUNTY's application failed to comply with aqy laws, regulations, or policies applicable thereto or that any funds forwarded to COUNTY under this Agreement were improperly expended. c. The provisions of paragraphs 1, 3, 4, S, 6 and 7 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 COUN'l'Y of any pleadings served upon CITY shall be deemed to be a request to defend. 10. COUNTY shall have the right to periodically audit CITY's records to determine compliance with this Agreement. III III III III III III 21 III 22 III 23 III 24 III Reso 1 uti on Number jt!tJ Ie -J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 III WI'l'NESS THEREOI', CI'l'Y baa caused tbis Agreement to be executed by ita Mayor and attested by ita Clerk and COUNTY bas caused this Contract to be executed by the Cbairaan of the Board of Supervisors and certified by ita Clerk, all baving I superv18ore. been duly authorized by the City Council of CITY and the Orange County Board of Dated a JEPrF/( /1rR. I~ I,a'; A'l"l.'EST: ~u.,'a4. ( ~ Ci Y Clerk / 17 Dated a By 18 19 SIGNED AND CERTIFIED THAT A copy OF THIS IlOCUHEIl'1' BAS BEEN DELIVERED '1'0 20 THE CHAIRMAN 01' THE BOARD. 21 22 23 LINDA D. ROBERTS Clerk of the Board of Supervison of Orange County, California I 24 APPROVED AS '1'0 FORMa f- Y:I'"Y . 25 ADRIAN KUYPER, County Counsel ORAIIIGE COUNTY, CALIFORNIA : BY~_A .~ ~~ 28 H/CD CAldesDH24-2l 08/16/84 L I CITY 01' JEAL ~EAa-I J4- yor ~ . . .. .-, C By 9... COUIl'1'Y OF ORANGE, a political subdivision of the State of California I OIairman of the Board of Supervisora COUIl'1'Y I ,