HomeMy WebLinkAboutContracts & Agreements_1-1975_CCv0001.pdf JOINT POWERS AGREEMENT BETWEEN THE COUNTY
OF SAN BERNARDINO AND THE CITY OF REDLANDS
THIS AGREEMENT is dated for convenience on the 7th 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.
W I T N E S S ET 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 herein-
after 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 the program or programs
hereinafter set forth and in the planning, development, implemen-
tation, and administration of the said program or programs. The
agreement shall constitute a cooperation agreement between the
parties within the meaning of Section 102 (a) (6) of the ACT.
2. This agreement s11,111 become effective as of the date
first hereinabove set forth .t rid shall continue in full force and
effect 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 require-
ments and shall include within COUNTY' S 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.
5 . 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 COUNTY'S,
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
(10%) of the funds allocated to CITY.
6. CITY shall have the right to elect to be responsible
for carrying out all projects required by the program or programs.
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, including, but not limited to,
keeping and maintaining any and all records required
therefor.
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
omissions of CITY, its officers, agents or employees
in the performance of this agreement, including any
Paae 2 of 4 naces
activities conducted by CITY under the program or
programs covered1by this agreement.
C. In addition, CITY shall indemnify and hold
harmless COUNTY against any liability, clans 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 pargraphs 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 rightto audit CITY's
records to determine compliance with this agreement.
7. 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 casts incurred by COUNTY in administeringthe program or
programs.
8. The program or programs encompassed by this agreement
are as follows:
(1) Senior Citizens ' Service Center - 8500 square foot
facility in north side area..
Cost $120,000
(2) Remodel existing building in Smiley Park for senior
citizens,
Cost $6,000.
(3) Street lighting program (up to 3 areas) .
Cost $45,000 to $145,000.
(4) Recreation area improvement for Ford. Parr.
Cast $40,000.
(5) City-wide baster Plain of Parks.
Cost $50,000.
Page 3 of 4 pages
IN WITNESS WHEREOF the parties have executed this
agreement by the signatures affixed below.
JAN 1 3 11 WAS
DATED: 1975.
COUNTY F SAN BE ARDINO
By
Chairman, Beard of Supervisors
ATTEST:
DATED: m 1975.
CITY OF REDLANDS
By r
or
ATTEST:
, LEONA RAPOPORT, Clerk of the Board of Su-
pervisors Of the County of San Bernardino,
State of Calif omnia, e by ert if v the f r -
oin t 'he _ l'uI d cor-
rect
off ice.
Dated:
LEON rA ` ._
Clerk-of the ,ard
` ,
Deputy
Page 4 of 4 pages
MINUTES OF THE BOARD OF SUPERVISQRS
OF SAN BERNARDINO COUNTY, CALIFORNIA
RE: AGREE: #75-22 THRU #75-30 : VARIOUS INCORPORATED CITIES: JT. POWERS AGREE .
RE HOUSING & COM14UNITY DEVELOPMENT FUNDS: APP 'D
Ms. Ann Siracusa, coordinator of the Housing and Community Development
project, presents to the Board for approval copies of a joint powers
agreement with each of the following nine cities. She states these
agreements allocate the population of' the said cities to the County for
the purposes of applying for the Community Development funds and states
that the County will allocate to each of these cities their fair share ,
of the funding, minus a fair share of the cost of the application
preparation. In answer to inquiry as to why some of the cities did not
enter into the joint powers agreement, Ms . Siracusa states that the
cities of Ontario and San Bernardino are entitlement cities and will have
more money going by themselves; further, the cities of San Bernardino,
Fontana, Chino and Colton are also hold-harmless cities which is the term
used for those jurisdictions which have money coming in under previous
grants which have now been cancelled by the new Housing and' Community
Development funding. Ms . Siracusa further states that the Planning
Commission will be hearing this as well as the Environmental Review
Board so that together with the hearing before the Board of Supervisors
there will be three public hearings on this matter. She states further
that each of the cities involved have approved this, although not at a
public hearing and that the residents of the individual cities are already_
aware of the manner in which the money will be spent in the first year.
Following further discussion, on motion by Supervisor Townsend, duly
seconded by Supervisor Mayfield and carried, the Board of Supervisors
hereby approves the joint powers agreement by and between the County and
the following incorporated cities, providing for the joint application for
Housing and Community Development funds:
Agreement Number
City of Adelanto 75-22
City of Barstow 75-23
City of Loma Linda 75-24
City of Montclair 75-25
City of Needles 75-26
City of Redlands 75-27
City of Rialto 75-28
City of Upland 75-29
City of Victorville 75-30
By the same motion, the Board of Supervisors hereby authorizes its
Chairman to sign each of the above described agreements, indicating
this Board' s approval of the terms and conditions therein contained.
By the same motion, the Board of Supervisors directs that the agreement
with the City of Montclair be subject to County Counsel review.
PASSED AND ADOPTED by the Board of Supervisors of the County
of San Bernardino, State of California, by the following vote:
AYES: SUPERVISORS: Mayfield, Townsend, Hansberger
NOES: SUPERVISORS: None
ABSENT: SUPERVISORS: Mikesell, Smith
STATE OF CALIFORW
COUNTY OF SAN BEqNARDINO
1, LEONA RAPOPORT, Clerk of 1he Board of SU'DolVISOrl-, Of San Bernardino County, California, hereby t,eartify the ✓
forocloing to to a full, tiuc, ami (.om?ct co;)y of the record of the actron taken by .at d BoattJ of Scipervisors, by Vote of
the alemnibers pre-Ient, as tilt, Ime in the Off�c�at 1"Jim1tvs of s°iid Bclaid of tts mf,,ewlg uf Pr
JANUARY 13 , 197 5
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CC. Ea. w/,�igtec,! c//o Arin Siracusa Clerk of sud Bowd,
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