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HomeMy WebLinkAboutContracts & Agreements_36-1987_CCv0001.pdf COOPERATION AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEARS 1988-89, 1989-90, 1990-91 COUNTY OF SAN BERNARDINO, of the State of California, hereinafter called COUNTY, and the CITY OF REDLANDS, a CITY within said COUNTY, hereinafter called CITY, mutually agree as follows: 1. GENERAL The Housing and Community Development Act of 1974, as amended (Public Law 93-383, hereinafter called ACT) provides that Block Grant funds may be used for essential community development and housing assistance activities. COUNTY and CITY mutually desire to qualify COUNTY as an "Urban County" under the ACT; therefore, COUNTY and CITY hereby agree to cooperate to undertake, or assist in undertaking community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing. This Agreement gives COUNTY authority to carry out activities which will be funded from annual Community Development Block Grants (hereinafter called CDBG) from Fiscal Years 1988, 1989, and 1990 appropriations and from any program income generated from the expenditures of such funds. 2. TERMS The term of this Agreement shall be for not less than the period commencing on the effective date specified below and extending through the third program year covered by COUNTY'S Three Year 1988-91 participation in the CDBG program, 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 may not be terminated by the parties herein covenanted for any circumstance or reason during the three year term of this Agreement. 3. PREPARATION OF APPLICATION COUNTY, by and through its Department of Economic Community Development, subject to approval of COUNTY'S Board of Supervisors, shall be responsible for preparing and submitting to HUD all necessary applications for the basic grant under the ACT. This duty shall include the preparation of Community Development Plans and Programs and a Housing Assistance Plan (HAP) which satisfy the application requirements of the ACT and its Regulations. 1 4. COMPLIANCEE-WiTH FINAL PROGRAMS AND PLANS Both COUNTY and CITY shall comply in all respects with final Community Development Plans and Programs and the Housing Assistance Plan 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 Both COUNTY and CITY will 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 the County's certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended. Both 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 the Housing and Community Development Act of 1974, and other applicable laws. 6. DISPOSITION OF FUNDS Consistent with Federal Regulations and Section 4 and 5 of this Agreement, it is the intent and understood by the parties to this Agreement that, to the extent possible, funds will be allocated by COUNTY to CITY according to its proportional demographics and utilized to fund activities and/or projects prioritized by CITY to alleviate its identified needs. 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. COUNTY is also responsible for filing the Annual Final Statements. 7. DISPOSITION OF PROGRAM 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 COUNTY 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 on the use of any such program income thereby requiring appropriate recordkeeping 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 of real property prior to any such close out or change of status or termination of this Agreement 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 or termination shall promptly be paid to COUNTY. 2 B. DISPOSITION OF REAL PROPERTY The provisions of this section set forth the standards which shall apply to real property acquired or improved in whole or in part using CDBG funds that are within the control of CITY. Prior to any modification or change in the use of said real property from the use or ownership planned at the time of its acquisition or improvement, CITY shall notify COUNTY and obtain authorization for said modification or change. CITY shall cause COUNTY to be reimbursed 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 CDBG regulations. 9. EFFECTIVE DATE This Agreement shall be effective for all purposes when this Agreement and like agreements have been executed by COUNTY and CITY and properly submitted to HUD, the grantor, by the designated deadline. 10. OTHER AGREEMENTS COUNTY and CITY shall enter into such further agreement or agreements as may be necessary to carry out the purposes of this agreement and of the ACT. This Agreement revises and supersedes any prior Cooperation Agreement between COUNTY and CITY. 3 COUNTY OF SAN BERNARDINO CITY OF REDLANDS By B C airman, Board of Supervisors Title: Mayor Attest: ' / ity Clerk APPROVED AS TO FORM. THE TERMS AND PROVISIONS OF THIS AGREEMENT ARE FULLY APPROVED AS TO FORM AUTHORIZED UNDER STATE AND LOCAL LAW AND THIS AGREEMENT PROVIDES FULL LEGAL AUTHORITY FOR COUNTY TO UNDERTAKE OR ASSIST IN UNDERTAKING ESSENTIAL City Att_orn COMMUNITY DEVELOPMENT AND HOUSING ASSISTANCE ACTIVITIES, SPECIFICALLY Dated:- URBAN RENEWAL AND PUBLICLY ASSISTED HOUSING. Alan K. Marks, COUNTY COUNSEL By RECOMMENDED AS TO CONTENT Deputy County, Counse Dated: 3e /2C2 B y 't y Manager �fx Dated: RECOMMENDED AS TO CONTENT By: County Administrator Officer Dated: PLNI/CO-OP AG 7/I8/84/bj 9/25/87/bjj 4