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JOINT POWERS AGREEMENT DE7NEEN THE COUNTY OF
SAN BER ARDINO AND THE CIT? OF REDLANDS
THIS AGREE E.NT is dated for convenience on December 2, 1975
1975, and is entered into by and betwe=:n the COUNTY OF SAN BERNAPDINO
(hereinafter sometines called "COUNTY") and the CITY OF REDLANDS
(sometimes hereinafter called "CITY") , pursuant to the authority of
Article 1, Chapter `}, Division. 7, Title l of the Government Code of Lh—
State of California.
W I T N E S S r T if:
WHEREAS, the COUNTY OF SAN BERNARDI4 O is a County and political ,n b
division of the State of California and a body corporate apd politic, and
the CITY OF REDLANDS __ is a municipal corporation of the State
of California, locazed within yin he said COUNTY; and,
WHEREAS, COUNTY T antJ CITY have a mutual interes4 lo provi 3i ng nEei.p -.y
governmental services to and ennancl w,.j the 0(.1.:21.t.�y- .)f 11.ie of- , cte.J r T'e.
dents; and,
WHEREAS, both COUNTY and CITTA are eligible to apply for grants from
the United States Department of Housing and Urban Davolaysent (j eroinaft"r
"HUD") , pursuant to the pr ovivions .C;. the Housing and Community De`+s:slCipmum
Act of 1974 (hereinafter "ACT") ; and,
WHEREAS, it
t;H , appears desirable to COUNTY and CITE' to coor6:inate t.hc-ic
efforts to maximize utilization of personnel and resources and increase
efficiency and economics in the planning and administration of the progrb
or programs hereinafter set forth;
NOW, THEREFORE, COUNTY and CIT?, for and in consideration of the
mutual promises and agreements herein contained, do aerie as follows:
1. This agreement is made pursuant to the provisions of Article 1,
Chapter 5, Division 7, Title 1 of the Government Code of the State of
California (commencing with Section: 6500) , relating to the joint exercise
of powers common to public agencies. The purpose of the a rcement is to
effect maximum efficiencies and economics in the application for funds for
the program or programs hereinafter set forth and in the plao ing, develop-
ment, implementation, and administration of the said . ogrea.m or pro prams.
This agreement is pursuant to the cooperation agreement entered into
between the parties within the meaning of Section 102 (a)(6) of the ACT.
2. This agreement shall become effective ac of the date first hare--
inabove set forth and shall continua in full force and effect dqring the
program year covered. by COUNTY' S fiscal year 1976-77 application .and until
conclusion of the program or programs or until earlier terminatod in -n-riti.n
by mutual agrammen . of the parties coni;#tent with the federal lav and
regulations and the terms and conditioqv of any ,rant rode in reliance
Immhereon. Cls`' hereby allocates the po ~ tel In of itf-, ,,�1x•i.„it.�.4ion to the
yCOUNTY for the purposes of its 1976-77 application for funds under the
Housing and Community Development Act of 1974.
3. CITY shall be sponsible for furnishing toMCOUNTY such infor-
mation and assistance as may be required by COUNTY for the preparation
and submission to HUD of any application funding for the purpose of the
program or programs to benefit CITY, and for processing of required
drµ,environmental impact statements or reports. COUNTY shall review the
1
information` r � r �
ece�v_d for compliance with applicable laws, regulations,
and policy re:auirenents and shall include ;within COUNTY'S application
such data as may be required to seek funding for the program or urograms.
4• CITY hereby adopts and agrees to comply with the Community
Development Plan and program or programs and the Housing Assistance Flan
developed pursuant to said application and this Lgreement and with all
laws, regulations, and policies applicable to any grant rade thereunder.
The CITY shall also adapt an appropriate resolution, consistent with
Section 34209, California Health and Safety Code to allow the Section �
program, Title II of the Mousing and Community Development Act of 1974,
to operate within the CITY.
5. In the event HUD approves funding for the program o< progr aw!3
which are the subject of this agreement, COUNTY shall allocate to CITY
that portion or portions of the grant funds rec: !vPd 12aed on the "orm j,1
used by HUD in making entitlavent a?to tm , 1 piaviden, however, % t rl � vTY
shall be entitled to retain from such funds such amou ` as ie c niculaKad as
the costs incurred by COUNTY in preparing thus= elements of f:UUNTYc s applica-
tion
ppp ica._tion attributable to the program or pro3raws covered by this a.grcement and
for preparation of any necessary environmental Aala.{c t re:?urts therefor, A
no event shall such :gum exese.r ten ntorcent (IOV) of tie funds w_s''.,::oca`.ad to
CITY. It is expressly understood Ond aireed bye the partiea that any allocation
or distribution of L
funds .lust comply with Title I of the Hoa�sin�- ay con,u i_�..,
ti DevelCiprLant Act ofJ.� 4, and the .to?�'ejoing ca �ocaXtion may iia iiFY.t.lti Zicd 'a s 1
necessary to obtain such compliance.
6. COUNTY and CITY recognize that COUNTY has full recponsi.biMy and
obligations to HUD for undertaking the Community Development Block Grant
Program and full authority in administering and allocating funis and that
CITY will have no direct responsibilities or obligations to HUD under this
agreement. As concerns rights and responsibilities of COUNTY and CITY a;
to each other under this agreement, however, CITY shall have the right to
elect to be responsible for carrying out all projects rewired by the proEram
or programs under this agreement. In the event CITY does so elect, the
following terms and conditions shall apply:
A. CITY shall be responsible for all aspects of the program or
programs, includin , but not limited to, keeping and Maintaining any
and all records required therefor and maintain no strict accountability
of all funds received and expended pursuant to this agreen,int.
B. CITY shall indemnify, hold harmless and defend COUNTY, its f
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 or in c ,njoquence of
this agreement, provided ouch liability, claims, demands, :losses or
actions are claimed to by due to the acts or omit ions of CITY, i s 1
Officers, agents on employees in the perfavm qac-, of this :agreement,
including any activities conducted by CITY under the program or proZoams
covered by this agreement.
CIN
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y C. In addition, CITY, shall indemnify and hold harmless COUNTY
against any liability, claims, losses, demands, and actions incurred
Asx by COUNTY as a result of a determination by HUD that activities under-
taken by CITY under the program or programs failed to comply with any
laud, regulation: , or policies applicable thereto or that any funds
forwarded to CITY under this agreement were improperly expended.
D. The- provisions of paragraphs 1, 3, 4, 51 6, and 7 of Section
2778 of the California Civil Code, as said rection exists on the
effective tate of this agreement, shall be anni.icable to tTic above
ns-ittal to t�I .`Y of any pleadi_ri s
indemnification_ pro,ris_,.�,ns. Tr��_�
served shall be deemed to be a request to defend.
E. COUNTY shall have the right to audit CITY's records to
determine compliance with this a�:reement.
7. In all resp6_cts in which the COUNTY -may 'ase actiiw;= for- and on behalf"
of the CITY in effectin the maximum efficienciv in the n.ppllc:�=={ion cif f11
and in the planning, develop:hent, implementation L dr. adzi-nistrat:!on of any
pro-ram complying ti=ith the Housing an cin: ;a=city S ovelorLent t` A of 1.971,
and in carrying o22st. al1proja ts '1?"fid by t12 -"c o i i°?':`:CY'��"3:3
s
otherwise, the follosing t=:rms and conditions st)..-1� appl_Y:
A. COMITY shall be responsible for al' a__,.ects of thio- pro�;rarm
or programs, including, but not li-:it d to, keeping and maintaining
any and all records required. therefor.
B. COUNTY shall. retain t�,e 'right to withihold funds for any
program c3i :-A��
-rams c^.::..?.;.^..{as by
t' CITYift ?rf 3 ��rc3.:it 0- T)7 )�C�tIIS
or its' administration is in any way inconsistent with federal
regulations or policy. CITY is res.onsible for specific perfornance
of Community Block Grant activitics as required by the GMCITY. If
there are indications that the CITY is not or can not perform within
the required time frame, the COUT+TY has full authority to reallocate
the CITY' s program funding to other elic-ible activities which can be
implemented.
C. The COUNTY shall indemnify, hold harmless and defend the
CITE', its officers, as nts and cmn oyees against all liability, claims,
losses, demands and actions for in1::ry to or death or persons or da- mage
to property arising out or in consequence of this agreement, provided
such liability, claims, demands, lo_nses or actions am clained to be
due to the acts or omission: of the COLS TY, its officer:;,, agents or
i
employees in the perform nc.e of this a reemc::nt, including any activities
conducted by the COUNTY under the terns covered by this agreement_ j
a
D. In addition, the CG"' TY shall indemnify and hold harm- loss
the CITY a;;ainst any liability, cla ms, lo_-ses, demands, and actions
incurred by the CITY as a result of the detel.tAp.atian by HUD that
activities undertaken by the CG!Ri'L'Y failed to comply with any of the
laws, rc ulatioas or policies applicable th:arao�o or that any f ui 41,
forwarded to the COUNTY under this agreement were improperly expended.
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E. The proviso ons of paragraphs, 1, 3 , 4,- 5, 6, and 7 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 the COUNTY of any pleadings
served shall be deemed to be a request to defend.
F. The CITY shall have the right to audit the COUNTY' s records
to determine compliance with this agreement.
8 . In the event CITY elects to have COUNTY assume responsibility for
the program or programs, COUN'T'Y shall be entitled to reimbursement from the
funds allocated to CITY for all costs incurred by COUNTY in administering
the program or programs and shall be under no obligation to expend for such
program or programs any funds other than those granted by HUD for such
purposes.
9. The CITY shall have no duty to reimburse the COUNTY in any respect
for any expenditures of the COUNTY except from the funds allocated to be
received by the CITY and as a deduction therefrom.
10. The program or programs encompassed by this agreement reflect
a three year proposal. Projects in order of priority are:
First Priority: (a) Additional funding for Senior Center $66,000.
(b) First phase funding for Community
Center 209,000.
(c) Community Ball Field lighting 25,000.
Total $300, 000.
Second Priority: (a) Balance of funding for Community
Center $216,000.
(b) Street lighting (3 areas) 145,000.
(c) Master Plan of Parks 50, 000.
(d) Recreation Facilities for Ford Parri 40,000.
Total $451,000.
IN WITNESS WHEREOF the parties have executed this agreement by the
signatures affixed below.
DATED: 1975 COUNTY Q SAN BER ARDINO
d S
By:
ATTEST: Chairman, Boar of Supervisors
DATED: , 1975
CITY Of REDLAND
By:
ATTEST: or
r f
City of city 6f Redla�fids
DATED: , 1975
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