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( E Vencor Code p s Contract Number
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t County Department Dept. orgn. i Contractor's License No.
lEconomic and Community Dcvelopment ECI) ECL} I
County Department; Contract Representative Ph. Ext, Amount of Contract
�I'IJO AS It.. t.AL IUN 4594 N/A
County of San Bernardino Fund Dept I Organization be,
j SBA ECD PIZ J 200
2005 ! N/A
FAS
Commodity Code Es*a-,ated Payment Total �. T y Fiscal Year
CONTRACT TRANSMITTAL FY Amount hD FY Amtunt
1 Project Narne N/A N/A
1994-95 nrough 1996-97
City-County Cooperation
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CONTRACTOR City of Redlands
Birth Gate N/A Federal ID No. or Social Security No. N/A
Contractor's Representative Mr. Jim Wheaton, City Manager
Address
P.O. Box 3005, Redlands, CA 92373 Phone (909) 798-7510
Mature of Contract: (Briefly describe the general terms of the contract)
The County of San Bernardino is in the process of qualifying for the next three years
(Fiscal Years 1994-95, 1995-96, 1996-97) of Community Development Block Grant (CNBC)
entitlement funding as an Urban County. The attached Cooperation Agreement is
required by the U.S. Department of Housing and. Urban Development (HUD) in order to
establish the City as a participant in the County' s CDBG program. It allows the City
population statistics to be used by HUD to calculate the County grant amount for each
of the next three years . The Cooperation Agreement utilizes language which has been
prescribed by HUD. Once entered, the Cooperation Agreement will remain in effect for
the full three year period.
(Attach this transr €eta, to all contracts no, rera` d on the "Standar Contract— for: .,`
Apprs L� FOA Pe`viev ec as to .ft.rrnat ve Act P�ev=,ewed `or Processing
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ounty C se[ Agency Adrassn strator CAA
Date Date Date
02-'2294-000 ka- 1 1 t90
COOPERATION AGREEMENT FOR
COMMUNITY DEVELOPMENT BLACK GRANT FUNDS
FOR FISCAL YEARS 1944-95, 1995-96, 1996-97
This Agreement is trade and entered into this day of
, 1993, by and between the COUNTY OF SAN BERNARDINO, of the State of
California, hereinafter referred to as "COUNTY" , and the City of Redlands, a City
within COUNTY, hereinafter referred to as "CITY" .
WHEREAS, the Housing and Community Development Act of 1974, as amended (Public
Law 93-383) , hereinafter called "ACT" , provides that Community Development Block
Grant, hereinafter referred to as "CDBC", funds may be used for the support of
activities that provide decent housing and suitable living environments and expanded
economic opportunities principally for persons of low and moderate income; and,
WHEREAS, CDBC regulations require counties to re-qualify as an Urban County
under the CDBC program every three years; and,
WHEREAS, the execution of this Agreement is necessary to include CITY as
participating unit of general government under COUNTY's Urban County CDBC program.
NOW THEREFORE, in consideration of the mutual covenants herein set forth and
the mutual benefits to be derived therefrom, the parties agree as follows:
1. GENERAL
This Agreement gives COUNTY authority to undertake or assist in undertaking
activities for Fiscal Years 1994-95, 1995-96 and 1996-97, which will be funded
from the CDBC program, the HOME Investment Partnership Program, and from any
program income generated from the expenditure of such funds. COUNTY and CITY
agree to cooperate to undertake, or assist in undertaking, community renewal
and lower income housing assistance activities, specifically urban renewal and
publicly assisted housing.
By executing this Agreement, CITY understands that it may not apply for grants
under the Small Cities or State CDBC Programs from appropriations for fiscal
years during the term of this Agreement, and CITY may not participate in a
HOME consortium other than COUNTY HOME program regardless of whether COUNTY
receives a HOME formula allocation.
2. TERM
The term of this Agreement shall be for not less than the COUNTY CDBC Urban
County qualification period for fiscal year 1994-95, commencing on July 1,
1994, and extending through fiscal year 1496-97, which ends on June 30, 1997,
unless an earlier date of termination is fixed by the Department of Housing
and Urban Development, hereinafter called HUD, pursuant to the ACT. This
Agreement shall remain in effect until all CDBG (and HOME, where applicable)
funds covered under the terms of this Agreement, and any income generated from
the expenditure of such funds, are expended, and the funded activities are
completed. This Agreement may not otherwise be terminated for any
circumstance or reason during the term of this Agreement.
3. FgF'P&MIJON OF AFELICATIONE
COUNTY, by and through its Department of Economic and Community Development,
subject to approval of COUNTY Board of Supervisors, shall be responsible for
preparing and submitting to HUD all necessary applications for the CDBG
entitlement grant under the ACT. This duty shall include the preparation and
processing of COUNTY Community Development Plans, Citizen Participation Plans,
the COUNTY Comprehensive Housing Affordability Strategy (CHAS) , and other CDBG
related Programs which satisfy the application requirements of the ACT and its
regulations.
4. COKPLIANCE WITH FINAL PROD S AND PLANS
COUNTY and CITY shall comply in all respects with final Community Development
Plans and Programs and the Comprehensive Housing Affordability Strategy which
are developed through mutual cooperation pursuant to the application
requirements of the ACT and its regulations and approved by HUD.
5. COMPLIANCE WITH ACT AND REGULATIONS
COUNTY and CITY shall comply with all applicable requirements of the ACT and
its regulations, in utilizing basic grant funds under the ACT, and shall take
all actions necessary to assure compliance with COUNTY certifications required
by Section 104{b} of Title I of ACT. COUNTY and CITY will comply with the
provisions of the National Environmental Policy Act of 1969, Title VI of the
Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968,
Executive Order 11988, Section 109 of Title I of ACT, the Fair Housing Act,
and other applicable federal laws. CITY agrees that CDBG funding for
activities in or in support of CITY are prohibited if CITY does not
affirmatively further fair housing within its own jurisdiction or impedes
COUNTY actions to comply with its fair housing certification.
6. POLICIES
CITY has adopted and is enforcing a policy prohibiting the use of excessive
force by law enforcement agencies within its jurisdiction against any
individuals engaged in non-violent civil rights demonstrations, and a policy
of enforcing applicable state and local laws against physically barring
entrance to or exits from a facility or location which is the subject of such
non-violent civil rights demonstrations within jurisdictions.
7. HOLD HARMLESS
CITY shall indemnify and hold. COUNTY, its officers, agents, volunteers and
employees, harmless from and against any loss, liability, claim, or damage
that might arise or result from activities of CITY, its officers, agents,
volunteers and employees; and CITY shall, at its own cost, expense and risk,
defend any legal proceedings that may be brought against COUNTY, its officers,
agents, volunteers and employees, on any liability, claim or demand and
satisfy any judgement that may be rendered against any of them arising or
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resulting from activities of CITY, its officers, agents, volunteers and
employees. CITY shall assume liability for all and any direct expense
incurred in providing services pursuant to this Agreement and shall assume any
and all responsibilities for loss or damage resulting from negligence, injury,
illness or disease arising out of the provision of services. CITY, however,
is obligated to promptly notify COUNTY in writing of the occurrence of any
such loss or damage.
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 BUD or its successor or any other applicable agency of the Federal
government that activities undertaken by or under the direction and control of
CITY or undertaken by COUNTY pursuant to CITY's request or on behalf of CITY
under the CDBG program fail to comply with any laws, regulations or policies
applicable thereto or that any funds billed by and disbursed to CITY under
this Agreement were improperly expended.
COUNTY shall, at its own cost and expense, defend, indemnify, and hold CITY,
its officers, agents; volunteers and employees, harmless from and against any
loss, liability, claim, or damage that may arise or result from any wrongful
act or wrongful omission by COUNTY, its officers, agents and employees.
8. DISPOSITION OF FUNDS
Unless prohibited by Federal Regulations, COUNTY and CITY agree that, to the
extent possible, CDBG funds will be allocated by COUNTY to CITY according to
its proportional demographics, for activities and/or projects prioritized by
CITY to alleviate its identified community development needs eligible under
the ACT. COUNTY, by its Board of Supervisors, shall be responsible for
determining the final disposition and distribution of all funds received by
COUNTY under the ACT, and for selecting the projects for which such funds
shall be used. Both parties agree that COUNTY has the authorization to
redistribute such funds when said projects are not implemented in a timely
manner as defined by BUD.
}. DISPOSITION OF PROD I1 INCOME
CITY shall inform COUNTY regarding any income generated by the expenditure of
CDBG funds received by CITY. All said income shall promptly be paid to COUNTY
or retained by CITY subject to authorization by coLRM for CITY use of said
income for eligible activities in accordance with all CDBG requirements as may
then apply. COUNTY shall be responsible for monitoring and reporting to HUD
income thereby requiring appropriate record
on the use of any such program
keeping and reporting by CITY as may be needed for this purpose. In the event
of CDBG close-out or change in status of CITY under the CDBG program, any
program income that is on hand or received subsequent to the close-out or
change in status shall be paid to COUNTY. Any income generated from the
disposition or transfer or real property prior to any such close out or change
of status shall be treated the same as program income. Any income generated
from the disposition or transfer of real property subsequent to any such
close-out or change of status shall promptly be paid to COUNTY.
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{ . O
The provisions of this section set forth the :standards which shall apply to
real property acquired or 'improved in whole or in part using CDG funds that
are within the control of CITY. Prior to any modification or change in the
use of real property from the use or ownership planned at the time of its
acquisition or improvements, CITY shall. notify COUNTY and obtain authorization
for such modification or change. CITY shall reimburse COUNTY with non-CDB
funds 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 CBG funds that is sold or transferred for a use which does
not qualify under CDBG regulations.
ll. EF glVIDATE
This agreement shall be effective for all purposes whenth Agreement and all
related agreements have been executed by; CO and CTS , properly submitteditted
to HUD by the designated deadline, and approved a D.
12. —01—R&M-AMORLEM—NIS
Pursuant to federal regulations at ` 4 CFR 570.501 b , CITY is subject to the
requirements rements a pli-cable to s brec p ent , including the requirement of the
written agreement set forth in federal regulations at 24 CFR 570.503. COUNTY
and CITY will enter into a further written agreement that contains these
minimum requirements. Prior to disbursing any CIBC funds to CITY, COUNTY
shall execute said written agreement with CITY. Said agreement shah:.: remain
in effect during any period that CITY has control. over CDBG funds, including
program income.
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COUNTY OF SAN BER.NARDINO CITY OF RED DS
a
r.
By: $Y+
Chairman, Board of Supervisors
i-t
Title: Ma Tor
Dated: May, 1€3, 1993
APPROVED AS TO FORM. THE TERMS AND RECOMMEND�j AS TO CONTENT
PROVISIONS OF THIS AGREEMENT ARE FULLY ATTES *
AUTHORIZED UNDER STATE AND LOCAL LAW By:
AND THIS AGREEMENT PROVIDES FULL LEGAL
AUTHORITY FOR COUNTY TO UNDERTAKE OR
ASSIST IN UNDERTAKING ESSENTIAL Title: e u4V CityCl(rk
COMMUNITY DEVELOPMENT AND HOUSING
ASSISTANCE ACTIVITIES, SPECIFICALLY
URBAN RENEWAL AND PUBLICLY ASSISTED Dated: May :L , 1993
HOUSI
By;
o my Coat sel APPROVED AS TO FORM
By:
City Attorney
Dated:
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
EARLENE SPROAT
Clerk of the Board of Supervisors
of the County of San Bernardino
By
Deputy
AGNS-C I 'COOP.AGT
1/8/ /DL/bjj
5/7/93/DL/JJ
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