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HomeMy WebLinkAbout156-90! Resolution 156-90 A Resolution of the Town Council of the Town of Danville Approving Housing and Community Development Block Grant Cooperation Agreement Whereas, the Congress of the United States has enacted the Housing and Community Development Act of 1974 as amended; Whereas, the Town of Danville may join with the County of Contra Costa to form a combined population of 200,000 or more persons, thereby qualifying as an Urban County thus being eligible for an entitlement of Community Development Block Grant funds; Whereas, the County and the Town of Danville desire to engage in housing and community development activities authorized under the Act and; now, therefore Be it resolved that the Town Council of the Town of Danville approves the Cooperation Agreement, H.D.C.A. 1974, between the Town and the County of Contra Costa in the form attached hereto as Exhibit "A" and further be it resolved that The Town Council of the Town of Danville hereby authorizes the Mayor to execute the Cooperation Agreement with Contra Costa County, H.D.C.A. 1974, for the seventeenth, eighteenth, and nineteenth periods of the Community Development Block Grant Program. Passed, approved, and adopted by the Town Council of the Town of Danville at a regular meeting this 17th day of July 1990 by the following vote: Ayes: Noes: Abstain: Absent: GREENBERG, LANE, RITCHEY, SCHLENDORF, SHIMANSKY NONE NONE NONE Attest: Clerk Approved as to form: ,,City Attorney COOPERATION AGREEMENT HOUSING AND COMMUNITY DEVELOPMENT ACT 1974, AS AMENDED COMMUNITY DEVELOPMENT BLOCK GRA~T PROGRAM (COUNTY AND CITY OF uanvl±±e ) 1. Parties & Date. Effective on July 17, l g90 , the COUNTY OF CONTRA COSTA, a political subdivision of %he State of California, hereinafter referred to as the "County," and the INCORPORATED CITY OF DANVILLE , a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa, hereinafter referred to as "City", mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1974, as amended (hereinafter called "Act"). Title i of the Act consolidates previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Title i makes available entitlement grants to (1) cities whose population exceeds 50,000 persons, and (2) counties who qualify as an urban county. The Act's term "urban county" means any county within a metropolitan area which (A) is authorized under State law to undertake essential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B) has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government {i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. Or, having the potential of reaching the 200,000 level as required above, but achieving a total population of at least 100,000 but less than 200,000 from the unincorporated areas and participating units of government, provided that, in the aggregate, those areas include the majority of persons of low and moderate income that reside in the county, outside of any metropolitan cities therein. Fourteen cities in the County of Contra Costa have a population of less than 50,000. Certain of these same cities may join with the County of Contra Costa to form a combined population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant {CDBG} funds. The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provisions of this agreement. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, community renewal and lower income housing activities, specifically urban renewal and publicly assisted housing, herein- after called "program," in fiscal years 1991-1992, 1992-1993, 1993-1994, or the Seventeenth, Eighteenth, and Nineteenth program years in compliance with the final statement for community development objectives and projected use of funds, as submitted to the Federal Department of Housing and Urban Development {HUD) and as provided in this agreement. The County has the authority to carry-out activities funded under this program, including any funded from program income generated from the expenditure of such funds. 4. Activities. Eligible community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated in Title 1 of the Act and the regulations issued thereto. Appropriate eligible activities will be included in the Statement of Community Development Objectives and Housing Assistance Plan as adopted by the Board of Supervisors pursuant to said Act. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under Title I of the Act. Said obligations and responsibilities include the submission to the Federal Department of Housing & Urban Development (HUD) a Statement of Projected Use of Funds, a Housing Assistance 1. Plan and certain assurances or certifications required by the Act and regulations adopted pursuant thereto. 5. Information. The City shall provide the County with all information concerning the City which the County requires to prepare its submissions to HUD and to develop for the County an analysis of needs, setting of objectives, preparation of community development program, plans and budget. All information required by the County shall be submitted in form prescribed by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the documents submitted to HUD due to the City's failure to supply information by the dates specified. 6. Compliance. The County and the City shall take all actions necessary to assure compliance with the urban county's certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including provisions of Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 196B, the Fair Housing Act, Section 109 of Title i of the Housing and Community Development Act of 1974, and other applicable laws. The City shall comply with all requirements of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto, with respect to the program within its boundaries, and will provide the County with all records, documents, certifications and other information necessary to prove compliance. The County is prohibited from funding activities in or in support of any cooperating units of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certification. All information shall be submitted in the form prescribed by the County. The City agrees to make available upon request all records concerning the program for inspection by County or Federal officials during regular business hours. 7. Program Income. The City shall inform the County of any income generated by the expenditure of CDBG funds received by the City. Any such program income shall be paid to the County or used for eligible CDBG activities after receipt of prior approval by the County. The City shall keep appropriate accounting records regarding any program income and report to the County quarterly, starting with July 15, 1991, so that the County can meet its monitoring and reporting responsibilities to HUD. The foregoing shall apply to program income that is on hand or received subsequent to the close-out of the grant or a change in status of the City relevant to the County's CDBG program. B. Real Property. The City shall notify the County of any disposition of, or modification or change in the use of any real property acquired or improved with CDBG funds. The City shall reimburse the County in an amount equal to the current fair market value {less any portion thereof attributable to expenditures of non-CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations. Program income generated from the disposition or transfer of property acquired or improved with CDBG funds shall be reported and handled as set forth in Section ?. 9. Indemnification. The City shall defend, save harmless and indemnify the County, its officers, agents and employees from all liabilities and claims for any fines, penalties, bodily injury, death, sickness or damages of any type from any cause whatsoever arising from or connected with the City's failure to comply with any requirement of the Act or the regulations, guide- lines, bulleti~ns or circulars which have been and will be issued pursuant thereto or any City activity financed by funds granted hereunder pursuant to the Act. The provisions of this paragraph shall be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the community Development Block Grant program. 10. Fund Distribution. The County shall distribute funds received under Title i of the Act for fiscal years 1991-1992, 1992-1993, 1993-1994 or the Seventeenth, Eighteenth and Nineteenth program years for the undertaking of essential community development and housing assistance activities. The County shall distribute to the City funds received under said Act if essential community development and housing assistance activities are to be undertaken within the territorial limits of the City. The City and County under Section 2. 570.503 of the program regulations are required to enter into a written agreement to implement activities prior to disbursement of any CDBG funds. 11. Effective and Termination Dates. This agreement shall go into effect as of the date shown in Section i immediately upon the signature of both parties and shall continue in full force and effect through the Seventeenth, Eighteenth and Nineteenth approved community development program years, or fiscal years 1991-1992, 1992-1993, 1993-1994 covered by the County's Statement of Community Development activities and projected use of funds and so long as the essential community development and housing assistance activities are being undertaken pursuant to this agreement. Except for the provisions of Section 9, this agreement shall expire as provided in this section. 12. Subsequent Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary for the preparation of a subsequent Statement of Community Development activities and projected use of funds for the Twentieth, Twenty-first and Twenty-second program years. Should the County desire to qualify as an urban county for subsequent fiscal years the City shall have the option of choosing whether to continue its participation with the County. 13. Representatives. (a) The City designates Tom Hanson or his or her deputy as the official to whom all notices and communication from the County concerning any matter discussed herein or relevant to this agreement should be directed. (b) The County designates the Director of Community Development or his or her deputy as the official to whom all notices and communication from the City concerning any matter discussed herein or relevant to this agreement should be directed. 14. Changes in Law or Regulations. Any change or amendment of Federal or State law, or regulations, concerning the subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and fully effective as if set forth herein. COUNTY OF CONTRA COSTA By Chairman, Board of Supervisors DANVILLE (City or Town) ATTEST: By PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Deputy Clerk ATTEST: (SEAL) (SEAL) 3. RECOMMENDED FOR APPROVAL: By County Administrator By County Director of Community Development FORM APPROVAL AND CERTIFICATION: I certify that the terms and provisions of this agreement are fully authorized under State and local law and this agreement is executed in accordance with all applicable requirements of State and local law. FORM APPROVAL AND CERTIFICATION: I certify that the terms and provisions of this agreement are fully authorized under State and local law and this agreement is executed in accordance with all applicable requirements of State and local law. VICTOR O. WESTMAN County Counsel By Deputy jb/misc./copagree.df 4.