1993-0721_ORANGE , COUNTY_Cooperation Agreement1'
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COOPERATION AGREEMENT
THIS AGREEMENT is entered into this al Vt day of Jw(y 1993 .
BY AND BETWEEN
ME
CITY OF SAN JUAN CAPISTRANO, a
municipal corporation, hereinafter
referred to as CITY,
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") including any subsequent
HUD Program which may become available to the County (e.g. HOME
Investment Partnership Program), to be used for eligible Housing and
Community Development activities, and
WHEREAS, the ACT requires such cities and the COUNTY to enter into
cooperation agreements in order for the cities to be included as part
of the Urban County CDBG Program, 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
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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 Grants for
Fiscal Years 1994, 1995 and 1996 appropriations and from any program
income generated from the expenditure of such funds.
3. COUNTY shall have final responsibility for selecting
activities and annually filing the grant application (i.e., Final
Statement of Community Development objectives and Projected Use of
Funds) 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
Comprehensive Housing Affordability Strategy (CHAS) 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 Comprehensive Housing Affordability Strategy
(CHAS), both COUNTY and CITY shall attempt to fulfill housing goals
established by the HUD approved CHAS 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
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from facilities subject to non-violent civil rights demonstrations.
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 VIII 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 20th, 21th and 22th years (Fiscal Years 1994, 1995 and
1996, 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, 1994
and ending June 30, 1997, except through special federal enabling
legislation for termination or withdrawal from the Urban County and as
permitted by HUD,
10. As permitted by HUD Notice CPD93-13, this agreement will be
automatically extended for an additional three (3) year period unless
written notification of intent to terminate is received from the
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participating CITY sixty days (60) prior to the technical expiration of
this agreement.
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 1996. 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 Program 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 Program,
including laws, and policies applicable to said Program(s).
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 small cities or state
CDBG Programs from appropriations for fiscal years during the period in
which it is participating in the Urban County's CDBG Program; 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 allocation.
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.
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1 14. a. CITY must inform the COUNTY (through periodic reports
2 requested by staff of COUNTY) of any income generated'by the
3 expenditure of Program funds received by the CITY; and that per
4 applicable federal requirements, such program income must be paid to
5 the COUNTY; and/or, the CITY may retain such program income only if
6 that program income is used exclusively for eligible activities, as
7 determined and agreed upon by the COUNTY and CITY, and in accordance
8 with all CDBG Program requirements as may then apply; and,
9i b. CITY shall keep and maintain appropriate records on the
10 use of any such program income as may be required by staff of the
ill
COUNTY since the COUNTY has the responsibility of monitoring and
12 reporting program income to HUD.
13 C. In the event of close-out or change in status of the
141 participating CITY, any program income at that time or received
15 subsequent to the close-out or change in status shall be paid by CITY
16 to the COUNTY within ninety days (90 days) thereafter.
17 15. a. Any real property acquired or improved in whole or in part
t8 by the CITY using CDBG funds that may be subject to any proposed
19 modification or change in use from that planned at the time of
20 acquisition or improvement, including disposition, must be reported by
21 CITY to the COUNTY and receive COUNTY concurrence thereto in advance of
22 implementing the modification or change in use.
23 b. Should the disposition, sale or transfer of such real
24 property acquired or improved in whole or in part using CDBG Program
25 funds result in a use which does not qualify under CDBG Program
26 regulations, the COUNTY shall be reimbursed by CITY in an amount equal
27 to the current fair market value (less any portion thereof
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1 C. Any program income generated from the disposition,
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transfer or sale of such property prior to or subsequent to the close -
3 out, change of status or termination of the cooperation agreement
4 between the COUNTY and CITY may be either used by CITY for other
5 specific eligible activities in the CITY or paid to the COUNTY for
other eligible Urban County activities, as determined in advance of the
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7 expenditure at the discretion of the COUNTY.
8 16. a. CITY shall indemnify, hold harmless and defend COUNTY, its
9 officers, agents and employees against all liability, claims, losses,
10 demands and actions for injury to or death of persons or damage to
11 property arising out of or alleged to arise out of or in consequence of
I this Agreement, provided such liability, claims, demands, losses or
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1 actions are claimed to be due to the acts or omissions of CITY, its
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14 officers, agents or employees in the performance of this Agreement,
including any activities conducted by CITY under its application.
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b. In addition, CITY shall indemnify and hold harmless
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17 COUNTY against any liability, claims, losses, demands, and actions
incurred by COUNTY as a result of a determination by HUD that
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activities under taken by CITY under CITY's application failed to
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comply with any laws, regulations, or policies applicable thereto or
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21 that any funds forwarded to CITY under this Agreement were improperly
22 expended.
23 C. The provisions of 1, 3, 4, 5, 6 and 7 of Section 2778 of
the California Civil Code, as said section exists on the effective date
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25 of this Agreement, shall be applicable to the above indemnifi-cation
provisions. Transmittal to CITY of any pleadings served upon COUNTY
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shall be deemed to be a request to defend.
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28j 17. a. COUNTY shall indemnify, hold harmless and defend CITY, its
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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 claimed to be 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 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 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 paragraphs 1, 3, 4, 5, 6 and 7 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 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 Program funding for any activities in or in support of any
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1 cooperating CITY, that does not affirmatively further fair housing
2 within its own jurisdiction, or that impedes the COUNTY'S action to
3 comply with its fair housing certification is prohibited.
4 21. Pursuant to 24 CFR 570.501 (b), the CITY is subject to all
5 requirements applicable to subrecipients, including the requirement of
6 a written agreement set forth in 24 CFR 570-503.
7 22. This cooperation Agreement is applicable to any supplemental
8 programs which HUD makes available through the CDBG program, including
9 the HOME Investment Partnership Program (HOME) and applicable
10 provisions and regulations thereof.
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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.
Dated: July 20, 1993
ATTEST:
CicVy gilerk
Dated: f%�/ �9 3
APPROVED AS TO FORM:
TERRY ANDRUS, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
BY: it
v
Dated: l i-
RMD:bjg5AW8-6.11
(05/26/93)
CITY OF SAN JUAN CAPISTRANO
By., �, /
—,.Mayor / Gity- 44axager
Gil Jones
COUNTY OF ORANGE, a political
subdivision of the State of
California
By:
Dh ai rector
EMA- and Redevelopment
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