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HomeMy WebLinkAboutContracts & Agreements_6-1975_CCv0001.pdf JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF REDLANDS THIS AGREEMENT is dated for convenience on the 13th day of January, 1975 , and is entered into by and between the COUNTY OF SAN BERNARDINO (hereinafter sometimes called "COUNTY") and the CITY OF REDLANDS (sometimes hereinafter called "CITY") , pursuant to the authority of Article 1 , Chapter 5 , Division 7 , Title 1 of the Government Code of the State of California. WI THE S SE T H: WHEREAS , the COUNTY OF SAN BERNARDINO is a County and political subdivision of the State of California and a body corporate and politic, and the CITY OF REDLANDS is a municipal corporation of the State of California, located within the said COUNTY; and, WHEREAS, COUNTY and CITY have a mutual interest in providing necessary governmental services to and enhancing the quality of life of their residents ; and, WHEREAS, both COUNTY and CITY are eligible to apply for grants from the United States Department of Housing and Urban Development (hereinafter "HUD" ) , pursuant to the provisions of the Housing and Community Development Act of 1974 (hereinafter "ACT") ; and, WHEREAS , it appears desirable to COUNTY and CITY to coordinate their efforts to maximize utilization of personnel and resources and increase efficiency and economics in the planning and administration of the program or programs hereinafter set forth; NOW, THEREFORE , COUNTY and CITY , for and in consideration of the mutual promises and agreements herein contained, do agree 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 agreement is to effect maximum efficiencies and economics in the application for funds for the program or programs hereinafter set forth and in the planning , development , implementation, and administration of the said program or programs . This agreement is pursuant to the coopera'tion agreement entered into between the parties within the meaning of Section 102 (a) (6) of the ACT. 2. This agreement shall become effective as of the date first hereinabove set forth and shall continue in full force and effect during the program year covered by COUNTY's fiscal year 1975 application and until conclusion of the program or programs or until earlier terminated in writing by mutual agreement of the parties consistent with the federal law and regulations and the terms and conditions of any grant made in reliance hereon. CITY hereby allocates the population of its jurisdiction to the COUNTY for the purposes of its 1975 application for funds under the Housing and Community Development Act of 1974. 3. CITY shall be responsible for furnishing to COUNTY such information and assistance as may be required by COUNTY for the preparation and submission to HUD of any application for funding for the purpose of the program or programs to benefit CITY, and for processing of required environmental impact statements or reports . COUNTY shall review the information received for compliance with applicable laws , regulations , and policy requirements and shall include within COUNTYts application such data as may be required to seek funding for the program or programs . 4. CITY shall comply with the community development plan and program or programs and the housing assistance plan developed pursuant to said application and this agreement , and with all laws , regulations , and policies applicable to any grant made thereunder. S . In the event HUD approves funding for the program or programs which are the subject of this agreement, COUNTY shall allocate to CITY that portion or portions of the grant funds received based on the same formula used by HUD in making entitle- ment allotments ; provided, however, that COUNTY shall be entitled to retain from such -funds such amount as is calculated as the costs incurred by COUNTY in preparing those elements of COUNT-l" application attributable to the program or programs covered by this agreement and for preparation of any necessary environmental impact reports therefor. In no event shall such sum exceed ten percent d0%) of the funds allocated to CITY . It is expressly understood and agreed by the parties that any allocation or distribution of funds must comply with Title I of the Housing and Community Development Act of 1974, and the -foregoing allocation may be modified as necessary to obtain such compliance . 6. COUNTY and CITY recognize that COUNTY has full responsibility and obligations to HUD for undertaking 4 the Community Development Block Grant Program and -IL--ha-L-1- CITY will have no dire-_t responsibilities or obligations to HUD under this agreement- . As concerns rights and responsibilities of COUNTY and CITY as to each other under this agreement, however, CITY shall have the right to elect to be all responsible for carrying out L 1 projects required by the program or programs under this agreement . In the event CITY does so elect, the following teres and conditions shall apply : A. CITY shall be responsible for all aspects of I the program or programs , including, but not -i 'mited to , keeping and maintaining any and all records -required therefor 1:1 4 and maintaining str-Ict accountabilit-y of all funds received and expended pursuant to this agreement . -2- B. CITY shall indemnify, hold harmless and defend COUNTY, its 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 consequence of this agreement, provided such liability, claims , demands , losses or actions are claimed to be due to the acts or emissions of CITY, its officers , agents or employees in the performance of this agreement , including any activities conducted by CITY under the program or programs covered by this agreement . C. In addition, 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 HUD that activities undertaken by CITY under the program or programs failed to comply with any laws , regulations , 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 , 5 , 6 , and 7 of 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 CITY of any pleadings 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 agreement. 4 7. In all respects in w -L IhC1_1 the COUNTY may be acting -For and on behalf os the CITY in effecting the maximum efficiencies in the application of funds and in the planning, development , implementation and administration of any program complying with the Housing and Comm-uni-t-y Development Act of 1974 and in car ryingr out all projects required by the program or programs , or otherwise , the following terms and conditions s shall apply : A. COUNTY shall be responsible for all aspects of the program or programs , including, but not limited to, keeping and maintaining any and all records required therefor. B. The COUNTY shall indemnify, hold harmless and defend the CITY, its 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 or in consequence, of this ag--cemeInt , -provided such liability , _L4 claims, demands , losses or actions are Clamed to be due to the acts or o,,,,iissJ-*_ons of the COUNTY, its officers , agents or employees -in the performance of thJs agreement, including any activities conducted by the COUNTY under the terms covered by this agreement. C In addition , the COUNTY shall indemnify and hold harmless the CITY auainst- any liab4litV, claims , losses , -3- demands , and actions incurred by the CITY as a result of the determination by HUD that activities undertaken by the COUNTY failed to comply with any of the laws , regulations or policies applicable thereto or that any funds forwarded to the COUNTY under this agreement were improperly expended. D. The provisions of paragraphs 1, 3 , 4, 5 , 6 , and 7 of 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. E. 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 , COUNTY 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 are as 1-0 1 lcws : Proposed Projects : 1. Site selection and site acquisition for a senior center 4 2. Construction of sen-Lor center Back-UD Projects : 1. Street lighting in 3 low-income areas 2. Master plan of parks 3. Recreation imDrovements in Ford Park -4 including fencing and l-'L,-,ht-Lrg IN WITNESS WHEREOF the parties have executed this agree rent by the s—ignatures affixed below. DATED: 1975 COUNITY. v"SA;NB ARDINO �IT 11 By : Chairman, Board o Supe rvllsors ATT S I: LEONA PAPOMPT -4- DATED: , 1975 CITY OF REDLANDS By : ' t or ATTEST: