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HomeMy WebLinkAboutMINUTES - 07131993 - 1.83 053 8 . Contra Costa TO: BOARD OF SUPERVISORS County �' rr v d•. r, c JNA FROM: Harvey E. Bragdon Director of Community Development DATE: July 6, 1993 SUBJECT: Approval of Community Development Block Grant (CDBG) Cooperation Agreements with 14 Participating Cities. SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS APPROVE AND AUTHORIZE the Chair of the Board of Supervisors to execute the Cooperation Agreements with the 14 cities who participate in the Community Development Block Grant (CDBG) Urban County Program. FISCAL IMPACT None. (100% HUD Funds) BACKGROUND/REASONS FOR RECOMMENDATIONS Contra Costa County has been an Urban County in the CDBG Program since its inception in 1975. The Urban County comprises all unincorporated parts of the County as well as the fourteen smaller cities who are not Entitlement jurisdictions in their own right. The fourteen cities include Brentwood, Clayton, Danville, E1 Cerrito, Hercules, Lafayette, Martinez, Moraga, Orinda, Pinole, Pittsburg, Pleasant Hill, San Pablo, and San Ramon. CONTINUED ON ATTACHMENT: X YES SIGNATURE: i RECOMMENDATION OF COUNTY ADMINISTRATOR RE ENDATIO-V OF BOARD CO ITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON 3 _3 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A ' UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Source: Susan Griffin 646-4208 cc: Community Development County Counsel ATTESTED 7 3 U.S. Dept. of Hsg. & Urban Dev. PJJ&L BA CHELOR, CLERK OF Cooperating Cities THE BOARD OF SUPERVISORS (via Community Dev. Dept. ) AND COUNTY ADMINISTRATOR SGD1/sg/coopagrs.bos C BY , DEPUTY The Housing and Community Development Act of 1974, as amended, and U.S. Department of Housing and Urban Development (HUD) regulations require that the County enter into Cooperation Agreements with all participating cities every three years. The current agreement will expire at the end of the 1993/94 program year. The new Agreement will cover the 1994, 1995, and 1996 program years (Years Twenty, Twenty-One, and Twenty-Two of the CDBG Program) . The County expects to receive approximately $3 .8 million during each of the three years covered by the new agreements. Since the beginning of the program, the Urban County has received approximately $70 million in CDBG funding. These dollars have supported programs which benefit low and moderate income persons throughout the Urban County. The program has contributed greatly to the rehabilitation and development of housing; infrastructure and public facility improvements; public services; and economic development. All fourteen cities have elected to continue to be a part of the .Urban County. Submission of the Cooperation Agreements to HUD by July 16, 1993, assures that the County's entitlement will continue to benefit all participating parties over the next three program years. COOPERATION AGREEMENT HOUSING AND COMMUNITY DEVELOPMENT ACT 1974, AS AMENDED COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. (COUNTY AND CITY OF San ablo 1. Parties & Date. Effective on , the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "County," and the INCORPORATED CITY OF San Pablo , a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa, hereinafter referred to as "City," mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1974, as. amended (hereinafter called "Act"). Title 1 of the Act consolidates previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Title 1 makes available entitlement grants to (1) cities whose population exceeds 50,000 persons, and (2) counties who qualify as an urban county. The Act's term "urban county" means any county within a metropolitan area which (A) is authorized under State law to undertake essential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B)has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. Or, having the potential of reaching the 200,000 level as required above, but achieving a total population of at least 100,000, but less than 200,000 from the unincorporated areas and participating units of government, provided that, in the aggregate, those areas include the majority of persons of low and moderate income that reside in the county, outside of any metropolitan cities therein. Fourteen cities in the County of Contra Costa have a population of less than 50,000. Certain of these same cities may join with the County of Contra Costa to form a combined population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant(CDBG)funds and of HOME Investment Partnership program funds(HOME). The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provisions of this agreement. This Cooperation Agreement covers both the CDBG Entitlement Program and HOME program. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, community renewal and lower income housing activities, specifically urban renewal and publicly assisted housing, hereinafter called "program," in fiscal years 1994-1995, 1995-1996, 1996-1997, or the twentieth, twenty-first and twenty-second program years in compliance with the final statement for community development objectives and projected use of funds, as submitted to the Federal Department of Housing and Urban Development (HUD) and as provided in this agreement. The County has the authority to carry our activities funded under this program, including any funded from program income generated from the expenditure of such funds. 4. Activities. Eligible community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated in Title 1 of the Act and the regulations issued thereto. Appropriate eligible activities will be included in the Statement of Community Development Objectives and Housing Assistance Plan as adopted by the Board of Supervisors pursuant to said Act. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under Title 1 of the Act. Said obligations and responsibilities include the submission to the Federal Department of Housing& Urban Development(HUD)a Statement of Projected Use Funds, an approved Comprehensive Housing Affordability Strategy and certain assurance or certifications required by the Act and regulations adopted pursuant thereto. 5. Information. The City shall provide the County with all information concerning the City which the County requires to prepare its submissions to HUD and to develop for the County an analysis of needs,setting of objectives, preparation of community development program, plans and budget. All information required by the County shall be submitted in form prescribed by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the documents submitted to HUD. 6. Compliance. The County and the City shall take all actions necessary to assure compliance with the urban county's certification required by Section 104(b) of Title I of the Housing and Community . Development Act of 1974, as amended, including provisions of Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the Fair Housing Act, Section 109 of Title 1 of the Housing and Community Development Act of 1974, and other applicable laws. The City shall comply with all requirements of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto, with respect to the program within its boundaries, and will provide the County with all records, documents, certifications and from funding activities in or in support of any cooperating units of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certification. .All information shall be submitted in the form prescribed by the County. The City agrees to make available upon request all records concerning the program for inspection by County or Federal officials during regular business hours. Pursuant to 24 CFR 570.501(b), the City is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement set forth in 24 CFR 570.503. County as applicant, has the responsibility for ensuring that CDBG funds are used in accordance with all performance under agreements and procurement contracts, and for taking appropriate action when performance problems arise. Therefore, before disbursing any CDBG funds to City or projects in the City, County will require City, and City agrees to enter into written agreement for each individual project. 7. Program Income. The City shall inform the County of any income generated by the expenditure of CDBG funds received by the City. Any such program income shall be paid to the County or used for eligible CDBG.activities after receipt of prior approval by the County. The City shall keep appropriate accounting records regarding any program income and report to the County quarterly, starting with July 31, 1994, so that the County can meet its monitoring and reporting responsibilities to HUD. The foregoing shall apply to program income that is on hand or received subsequent to the close-out of the grant or a change in status of the City relevant to the County's CDBG program. 8. Real Property. The City shall notify the County of any disposition of, or modification or change in the use of any real property acquired or improved with CDBG funds. The City shall reimburse the County 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 the CDBG regulations. Program income generated from the disposition or transfer of property acquired or improved with CDBG funds shall be reported and handled as set forth in Section 7. 9. Indemnification. The City shall defend, save harmless and indemnify the County, its officers, agents and employees from all liabilities and claims for any fines, penalties,bodily injury, death, sickness or damages of any type from any cause whatsoever arising from or connected with the City's failure to comply with any requirement of the Act or the regulations, guidelines, bulletins or circulars which have been and will be issued pursuant thereto or any City activity financed by funds, granted hereunder pursuant to the Act. The provisions of this paragraph shall be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the Community Development Block Grant program. 10. Fund Distribution. The County shall distribute funds received under Title t of the Act for fiscal years 1994-1995, 1995-1996, 1996-1997 or the twentieth, twenty-first, and twenty-second program years for the undertaking of essential community development and housing assistance activities. The County shall distribute to the City funds received under said Act if essential community development and housing assistance activities are to be undertaken within the territorial limits of the City. The City and County .under Section 24 CFR 570.503 of the program regulations are required to enter into a written agreement to implement activities prior to disbursement of any CDBG funds. 11. Effective and Termination Dates. This agreement shall go into effect as of the date shown in Section 1 immediately upon the signature of both parties and- shall continue in full force and effect through the twentieth, twenty-first and twenty-second community development program years, or fiscal years 1994-1995, 1995-1996, 1996-1997 covered by the County's Statement of Community Development activities and projected use of funds and so long as the essential community development and housing . assistance activities are being undertaken pursuant to this agreement. This agreement will automatically be renewed for participation in successive three-year qualification periods, unless the County or the City provides written notice it elects not to participate in a new qualification period. A copy of the notice must be sent to the HUD Field Office. By the date specified in HUD's urban county qualification notice for the next qualification period, the County will notify the City in writing of its right to make such election. A copy of the County's notification will be sent to the HUD Field Office by the date specified in the urban county qualification notice. Failure by either party to adopt an amendment to the agreement incorporating all changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for a subsequent three-year urban county qualification period, and to submit the amendment to HUD as provided in the urban county qualification notice will void the automatic renewal of such qualification period. This agreement remains in effect until the CDBG and HOME funds and income received,with respect to the three-year qualification period (and any successive qualification periods which are automatically renewed) are expended and the funded activities completed, and the County and City may not terminate or withdraw from this agreement while this agreement remains in effect. 12. Subsequent Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary for the preparation of a subsequent Statement of Community Development activities and projected use of funds for.the.twenty-third, twenty-fourth, and twenty-fifth program years. Should the County desire to qualify as an urban county for subsequent fiscal years, the City shall have the option of choosing whether to continue its participation with the County. 13. City Policies. The City has adopted and is enforcing: A. 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 B. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within jurisdictions. 14. Inclusive Programs. By executing this agreement, the City understands that it: A. May not apply for grants under the Small Cities or State CDBG Programs from appropriations for fiscal years during the period in which it is participating in the County's CDBG program; and B. May not participate in a HOME consortium except through the urban county, regardless of whether the County receives a HOME formula allocation. 15. Representatives. A. The City designates City Manager or his or her designee as the official to whom all notices and communication from the County concerning any matter discussed herein or relevant to this agreement should be directed. B. The County designates the Director of Community Development or his or her designee as the official to whom all notices and communication from the City concerning any matter discussed here or relevant to this agreement should be directed. 16. Changes in Law or Regulations. Any change or amendment of Federal or State law, or regulations, concerning the subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and fully effective as if set forth herein. COUNTY OF CONTRA COSTA By y` Chairman, Board of Supervisors yor ATTEST: Z—Rzm ATTEST: PHIIAATCffELOR, CLE OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR By y� B • Deputy Clerk City de-r (SEAL) APPROVED AS TO FORM. Fmmr/jb/6g&cd.aV COOPERATION AGREEMENT HOUSING AND COMMUNITY DEVELOPMENT ACT 1974, AS AINIENDED COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (COUNTY AND CITY OF PLEASANT HILL) 1. Parties & Date. Effective on the COUNTY OF CONTRA* COSTA, a political subdivision of the State of California, hereinafter referred to as the "County," and the INCORPORATED CITY OF PLEASANT HILL , a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa, hereinafter referred to as "City," mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1974, as amended (hereinafter called "Act"). Title I of the Act consolidates previously separate grant programs for open space, public facility loans, water,and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Tide I makes available entitlement grants to (1) cities whose population exceeds 50,000 persons, and (2) counties who qualify as an urban county. The Act's term "urban county" means any county within a metropolitan area which (A) is authorized under State law to undertake essential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B)has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential'community development and housing assistance activities; or having the potential of reaching the 200,000 level as required above, but achieving a total population of at least 100,000, but less than 200,000 from the unincorporated areas and participating units of government, provided that, in the aggregate, those areas include the majority of persons of low and moderate-income that reside in the county, outside of any metropolitan cities therein. Fourteen cities in the County of Contra Costa have a population of less than 50,000. Certain of these same cities may join with the County of Contra Costa to form a combined population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant(CDBG)funds and of HOME Investment Partnership program funds(HOME). The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provisions of this agreement. This Cooperation Agreement covers both the CDBG Entitlement Program and HOME program. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking' community renewal and lower income housing activities,specifically urban renewal and publicly assisted housing, hereinafter called "program," in fiscal years 1994-1995, 1995-1996, 1996-1997, or the twentieth, twenty-first and twenty-second program years in compliance with the final statement for community development objectives and projected use of funds, as submitted to the Federal Department of Housing and Urban Development (HUD) and as provided in this agreement. The County has the authority to carry our activities funded under this program, including any funded from program income generated from the expenditure of such funds. 4. Activities. Eligible community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated in Title I of the Act and the regulations issued thereto. Appropriate eligible activities will be included in the Statement of Community Development Objectives and Housing Assistance Plan as adopted by the Board of Supervisors pursuant to said Act. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under Title I of the Act. Said obligations and, responsibilities include the submission to the Federal Department of Housing& Urban Development(HUD)a Statement of Projected Use Funds, an approved Comprehensive Housing Affordability Strategy and certain assurance or certifications required by the Act and regulations adopted pursuant thereto. 5. Information. The City shall provide the County with all information concerning the City which the County requires to prepare its submissions to HUD and to develop for the County an analysis of needs, setting of objectives, preparation of community development program, plans and budget. All information required by the County shall be submitted in form prescribed by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the documents submitted to HUD. 6. Compliance. The County and the City shall take all actions necessary to assure compliance with the urban county's certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including provisions of Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the Fair Housing Act, Section 109 of Title 1 of the Housing and Community Development Act of 1974, and other applicable laws. The City shall comply with all requirements of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto, with respect to the program within its boundaries, and will provide the County with all records, documents, certifications and from funding activities in or in support of any cooperating units of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certification. All information shall be submitted in the form prescribed by the County. The City agrees to make available upon request all records concerning the program for inspection by County or Federal officials during regular business hours. Pursuant to 24 CFR 570.501(b), the City is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement set forth in 24 CFR 570.503. County as applicant, has. the responsibility for ensuring that CDBG funds are used in accordance with all performance under agreements and procurement contracts, and for taking appropriate action when performance problems arise. Therefore, before disbursing any CDBG funds to City or projects in the City, County will require City, and City agrees to enter into written agreement for each individual project. 7. Program Income. The City shall inform the County of any income generated by the expenditure of CDBG funds received by the City. Any such program income shall be paid to the County or used for eligible CDBG activities after receipt of prior approval by the County. The City shall keep appropriate accountingrecords regarding any program income and report to the County quarterly, starting with July 31, 1994, so that the County can meet its monitoring and reporting responsibilities to HUD. The foregoing shall apply to program income that is on hand or received subsequent to the close-out of the grant or a change in status of the City relevant to the County's CDBG program. 8. Real Property, The City shall notify the County of any disposition of, or modification or change in the use of any real property acquired or improved with CDBG funds. The City shall reimburse the County 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 the CDBG regulations. Program income generated from the disposition or transfer of property acquired or improved with CDBG funds shall be reported and handled as set forth in Section 7. 9. Indemnification. The City shall defend, save harmless and indemnify the County, its officers, agents and employees from all liabilities and claims for any fines, penalties, bodily injury, death, sickness or damages of any type from any cause whatsoever arising from or connected with the City's failure to comply with any requirement of the Act or the regulations, guidelines, bulletins or circulars which have been and will be issued pursuant thereto or any City activity financed by funds granted hereunder pursuant to the Act. The provisions of this paragraph shall be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the Community Development Block Grant program. 10. Fund Distribution. The County shall distribute funds received under Title I of the Act for fiscal years 1994-1995; 1995-1996, 1996-1997 or the twentieth, twenty-first, and twenty-second program years for the undertaking of essential community development and housing assistance activities. The County shall distribute to the City funds received under said Act if essential community development and housing assistance activities are to be undertaken within the territorial limits of the City. The City and County under Section 24 CFR 570.503 of the program regulations are required to enter into a written agreement to implement activities prior to disbursement of any CDBG funds. 11. Effective and Termination Dates. This agreement shall go into effect as of the date shown in Section I immediately upon the signature of both parties and shall continue in full force and effect through the twentieth, twenty-first and twenty-second communitydevelopment program years, or fiscal IM years 1994-1995, 1995-1996, 1996-1997 covered by the County's Statement of Community Development activities and projected use of funds and so Iona as the essential community development and housing 0 assistance activities are being undertaken pursuant to this agreement. This agreement will automatically be renewed for participation in successive three-year qualification periods, unless the County or the City provides written notice it elects not to participate in a new qualification period. A copy of the notice must be sent to the HUD Field Office. By the date specified in HUD's urban county qualification notice for the next qualification period, the County will notify the City in writing of its right to make such election. A copy of the County's notification will be sent to the HUD Field Office by the date specified in the urban county qualification notice. Failure by either party to adopt an amendment to the agreement incorporating all changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for a subsequent three-year urban county qualification period, and to submit the amendment to HUD as provided in the urban county qualification notice will void the automatic renewal of such qualification period. This agreement remains in effect until the CDBG and HOME funds and income received with respect to the three-year qualification period (and any successive qualification periods which are automatically renewed) are expended and the funded activities completed, and the County and City may not terminate or withdraw from this agreement while this agreement remains in effect. 12. Subsequent Years. Nothing in this agreement shall be construed as requiring the City to provide 0 z:1 0 the County with any information necessary for the preparation of a subsequent Statement of Community Development activities and projected use of fu'rids for the twenty-third, twenty-fourth, and twenty-fifth program years. Should the County desire to qualify as an urban county for subsequent fiscal years, the City shall have the option of choosing whether to continue its participation with the County. 13.- City Policies. The City has adopted and is enforcing: A. 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 B. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights' demonstrations within jurisdictions. 14. Inclusive Programs. By executing this agreement, the City understands that it: 0 A. May not apply for grants under the Small Cities or State CDBG Programs from appropriations for fiscal years during the period in which it is participating in the County's CDBG program; and B. May not participate in a HOME consortium except through the urban county, regardless of whether the County receives a HOME formula allocation. 15. Representatives. A. The City designates — ti, Cnmmunit-az M5-%7P1_n:pmPnt Di_r_pirtnr or his or her designee as the official to whom all notices and communication from the County concerning any matter discussed herein or relevant to this agreement should be directed. B. The County designates the Director of Community Development or his or her designee as the official to whom all notices and communication from the City concerning any matter discussed here or relevant to this agreement should be directed. 16. Changes in Law or Regulations. Any change or amendment of Federal or State law, or regulations, concerning the subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and fully effective as if set forth herein. COUNTY OF CONTRA COSTA CITY of PLEASANT HILL '4- By 'I�� / 1 ► �lCVVA Chairman, Board of Supervisors Mayor r � ATTEST: 3 ATTEST: L1 � � PHIL BA HEL , CLERK OF Deputy City q6krk THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR 2lB By y Deputy Clerk City Clerk (SEAL) APPROVED AS 0 FOR DAVE- ��RSEN/, ity Attorney Forcwjbllug&Cd.agr COOPERATION AGREEMENT HOUSING AND COMMUNITY DEVELOPMENT ACT 1974, AS AMENDED COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (COUNTY AND CITY OF LAFAYETTE 1. Parties & Date. Effective on the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "County," and the INCORPORATED CITY OF LAFAYETTE . . , a municipal corporation of the State of California, and located within the boulidaries of the County of Contra Costa, hereinafter referred to as "City," mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1974, as amended (hereinafter called "Act"). Title I of the Act consolidates previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Title I makes available entitlement grants to.(I) cities whose population exceeds 50,000 persons, and (2) counties who qualify as an urban county. The Act's term "urban county" means any county within a metropolitan area which (A) is authorized under State law to undertake essential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B)has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. Or, having the potential of reaching the 200,000 level as required above, but achieving a total population of at least 100,000, but less than 200,000 from the unincorporated areas and participating units of government, provided that, in the aggregate, those areas include the majority of persons of low and moderate income that reside in the county, outside of any metropolitan cities therein. Fourteen cities in the County of Contra Costa have a population of less than 50,000. Certain of these same cities may join with the County of Contra Costa to form a combined population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant (CDBG)funds and of HOME Investment Partnership program funds(HOME). The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County and the,City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provisions of this agreement. This Cooperation Agreement covers both the CDBG Entitlement Program and HOME program. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, community renewal and lower income housing activities,specifically urban renewal and publicly assisted housing, hereinafter called "program," in fiscal years 1994-1995, 1995-1996, 1996-1997, or the twentieth, twenty-first and twenty-second program years in compliance with the final statement for community development objectives and projected use of funds, as submitted to the Federal Department of Housing and Urban Development (HUD) and as provided in this agreement. The County has the authority to carry our activities funded under this program, including any funded from program income generated from the expenditure of such funds. 4. Activities. Eligible community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated in Title I of the Act and the regulations issued thereto. Appropriate eligible activities will be included in the Statement of Community Development Objectives and Housing Assistance Plan as adopted by the Board of Supervisors pursuant to said Act. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under Title I of the Act. Said obligations and responsibilities include the submission to the Federal Department of Housing& Urban Development(HUD)a Statement of Projected Use Funds, an approved Comprehensive Housing Affordability Strategy and certain assurance or certifications required by the Act and regulations adopted pursuant thereto. r 5. Information. The City shall provide the County with all information concerning the City which the County requires to prepare its submissions to HUD and to develop for the County an analysis of needs, setting of objectives, preparation.of community development program, plans-and budget. All information required by the County shall be submitted in form prescribed by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the documents submitted to HUD. 6. Compliance. The County and the City shall take all actions necessary to assure compliance with the urban county's certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including provisions of Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the Fair Housing Act, Section 109 of Title 1 of the Housing and Community Development Act of 1974, and other applicable laws. The City shall comply with all requirements of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto, with respect to the program within its boundaries, and will provide the County with all records, documents, certifications and from funding activities in or in support of any cooperating units of general local government'that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certification. All information shall be submitted in the form prescribed by the County. The City agrees to make available upon request all records concerning the program for inspection by County or Federal officials during regular business hours. Pursuant to 24 CFR 570.501(b), the City is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement set forth in 24 CFR 570.503. County as applicant,,:has the responsibility for ensuring that CDBG funds are used in accordance with all performance under agreements and procurement contracts, and for taking appropriate action when performance problems arise. Therefore, before disbursing any CDBG funds to City or projects in the City, County will require City, and City agrees to enter into written agreement for each individual project. 7. Program Income. The City shall inform the County of any income generated by the expenditure of CDBG funds received by the City. Any such program income shall be paid to the County or used for eligible CDBG activities after receipt of prior approval by the County. The City shall keep appropriate accounting records regarding any program. income and report to the County quarterly, starting with July 31, 1994, so that the County can meet its monitoring and reporting responsibilities to HUD. The foregoing shall apply to program income that is on hand or received subsequent to the close-out of the grant or.a change in status of the City relevant to the County's CDBG program. 8. Real Property. The City shall notify the County of any disposition of, or modification or change in the use of any real property acquired or improved with CDBG funds. The City shall reimburse the County 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 the CDBG regulations. Program income generated from the disposition or transfer of property acquired or improved with CDBG funds shall be reported and handled as set forth in Section 7. 9. Indemnification. The City shall defend, save harmless and indemnify the County, its officers, agents and employees from all liabilities and claims for any fines, penalties, bodily injury,death, sickness or damages of any type from any cause whatsoever arising from or connected with the City's failure to comply with any requirement of the Act or the regulations, guidelines, bulletins or circulars which have been and will be issued pursuant thereto or any City activity financed by funds granted hereunder pursuant to the Act. The provisions of this paragraph shall be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the Community Development Block Grant program. 10. Fund Distribution. The County shall distribute funds received under Title 1 of the Act for fiscal years 1994-1995, 1995-1996, 1996-1997 or the twentieth, twenty-first, and twenty-second program years for the undertaking of essential community development and housing assistance activities. The County shall distribute to the City funds received under said Act if essential community development and housing assistance activities are to be undertaken within the territorial limits of the City. The City and County under Section 24 CFR 570.503 of the program regulations are required to enter into a written agreement to implement activities prior to disbursement of any CDBG funds. :. I - 11. Effective and Termination Dates. This agreement shall go into effect as of the date shown in Section 1 immediately upon the signature of both parties and shall continue in full force and effect through the twentieth, twenty-first and twenty-second community development program years, or fiscal years 1994-1995, 1995-1996, 1996-1997 covered by the County's Statement of Community Development activities and projected use of funds and so long as the essential community development and housing assistance activities are being undertaken pursuant to this agreement. This agreement will automatically be renewed for participation in successive three-year qualification periods, unless the County or the City provides written notice it elects not to participate in a new qualification period. A copy of the notice must be sent to the HUD Field Office. By the date specified in HUD's urban county qualification notipe for the next qualification period, the County will notify the City in writing of its right to make such election. A copy of the County's notification will be sent to the HUD Field Office by the date specified in the urban county qualification notice. Failure by either party to adopt an amendment to the agreement incorporating all changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for a subsequent three-year urban county qualification period, and to submit the amendment to HUD as provided in the urban county qualification notice will void the automatic renewal of such qualification period. This agreement remains in effect until the CDBG and HOME funds and income received with respect to the three-year qualification period (and any successive qualification periods which are automatically renewed) are expended and the funded activities completed, and the County and City may not terminate or withdraw from this agreement while this agreement remains in effect. 12. Subsequent Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary for the preparation of a subsequent Statement of Community Development activities and projected use of funds.for the twenty-third, twenty-fourth, and twenty-fifth program years. Should the County desire to qualify as art urban county for subsequent fiscal years, the City shall have the option of choosing whether to continue its participation with the County. 13. City Policies. The City has adopted and is enforcing: A. 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 B. A policy of enforcing applicable State and local taws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within jurisdictions. 14. Inclusive Programs. By executing this agreement, the City understands that it: A. May not apply for grants under the Small Cities or State CDBG Programs from appropriations for fiscal years during the period in which it is participating in the County's CDBG program; and B. May not participate in a HOME consortium except through the urban county, regardless of whether the County receives a HOME formula allocation. 15. Representatives. A. The City designates the City Manager or his or her designee as the official to whom all notices and communication from the County concerning any matter discussed herein or relevant to this agreement should be directed. B. The County designates the Director of Community Development or his or her designee as the official to whom all notices and communication from the City concerning any matter discussed here or relevant to this agreement should be directed. 16. Changes in Law or Regulations. Any change or amendment of Federal or State law, or regulations, concerning the subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and fully effective as if set forth herein. COUNTY OF CONTRA COSTA CITY OF LAFAYETTE r , C. v By t Chairman, Board of Supervisors Mayor ATTEST: !„ ATTEST: PHIL CHEZ R, tLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR By ByG 'Lh. j Deputy Clerk City Clerk (SEAL) APPROVED AS TO FORM. F«mrrb�.�a.�a ti COOPERATION AGREEMENT HOUSING AND COMMUNITY DEVELOPMENT ACT 1974, AS AMENDED COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (COUNI Y AND GAWMWTOWN OF MORIGA 1. Parties & Date. Effective on the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "County," and the INCORPORATED.410OW TOWN OF MORAGA a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa, hereinafter referred to as "City," mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1974, as amended (hereinafter called "Act"). Title I of the Act consolidates previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Title I makes available entitlement grants to (1) cities whose population exceeds 50,000 persons, and (2) counties who qualify as an urban county. The Act's term "urban county" means any county within a metropolitan area which (A) is authorized under State law to undertake essential community development and housing 'assistance activities in its unincorporated areas, which are not units of general local government, and (B)has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. Or, having the potential of reaching the 200,000 level as required above, but achieving a total population of at least 100,000, but less than 200,000 from the unincorporated areas and participating units of government, provided that, in the aggregate, those areas include the majority of persons of low and moderate income that reside in the county, outside of any metropolitan cities therein. Fourteen cities'in the County of Contra Costa have a population of less than 50,000. Certain of these same cities may join with the County of Contra Costa to form a combined population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant(CDBG)funds and of HOME Investment Partnership program funds(HOME). The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provisions of this agreement. This Cooperation Agreement covers both the CDBG Entitlement Program and HOME program. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, community renewal and lower income housing activities, specifically urban renewal and publicly assisted housing, hereinafter called "program," in fiscal years, 1994-1995, 1995-1996, 1996-1997, or the twentieth, twenty-first and twenty-second program years in compliance with the final statement for community development objectives and projected use of funds, as submitted to the Federal Department of Housing and Urban Development (HUD) and as provided in this agreement. The County has the authority to carry our activities funded under this program, including any funded from program income generated from the expenditure of such funds. 4. Activities. Eligible community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated in Title I of the Act and the regulations issued thereto. Appropriate eligible activities will be included in the Statement of Community Development Objectives and Housing Assistance Plan as adopted by the Board of Supervisors pursuant to said Act. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under Title 1 of the Act. Said obligations and responsibilities include the submission to the Federal Department of Housing&Urban Development (HUD) a Statement of Projected Use Funds, an approved Comprehensive Housing Affordability Strategy and certain assurance or certifications required by the Act and regulations adopted pursuant thereto. 5. Information. The City shall provide the County with all information concerning the City which the County requires to prepare its.submissions to HUD and to develop for the County an analysis of needs, setting of objectives, preparation of community development program, plans and budget. All information required by the County shall be submitted in form prescribed by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the documents submitted to HUD. 6. Compliance. The County and the City shall take all actions necessary to assure compliance with the urban county's certification required by.Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including provisions of Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the Fair Housing Act, Section 109 of Title 1 of the Housing and Community Development Act of 1974, and other applicable laws. The City shall comply with all requirements of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto, with respect to the program within its boundaries, and will provide the County with all records, documents, certifications and from funding activities in or in support of any cooperating units of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certification. All information shall be submitted in the form prescribed by the County. The City agrees to make available upon request all records concerning the program for inspection by County or Federal officials during regular business hours. Pursuant to 24 CFR 570.501(b), the City is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement set forth in 24 CFR.570.503. County as applicant, has the responsibility for ensuring that CDBG funds are used in accordance with all performance under agreements and procurement contracts, and for taking appropriate action when performance problems arise. Therefore, before disbursing any CDBG funds to City or projects in the City, County will require City, and City agrees to enter into written agreement for each individual project. 7. Program Income. The City shall inform the County of any income generated by the expenditure of CDBG funds received by the City. Any such program income shall be paid to the County or used for eligible CDBG activities after receipt of prior approval by the County. The City shall keep appropriate accounting records regarding any program income and report to the County quarterly, starting with July 31, 1994, so that the County can meet its monitoring and reporting responsibilities to HUD. The foregoing shall apply to program income that is on hand or received subsequent to the close-out of the grant or a change in status.of the City relevant to the County's CDBG program. 8. Real Property. The City shall notify the County of any disposition of, or modification or change in the use of any real property acquired or improved with CDBG funds. The City shall reimburse the County 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 the CDBG regulations. Program income generated from the disposition or transfer of property acquired or improved with CDBG funds shall be reported and handled as set forth in Section 7. 9. Indemnification. The City shall defend, save harmless and indemnify the County, its officers, agents and employees from all liabilities and claims for any fines, penalties,bodily injury, death, sickness or damages of any type from any cause whatsoever arising from or connected with the City's failure to comply with any requirement of the Act or the regulations, guidelines, bulletins or circulars which have been and will be issued pursuant thereto or any City activity financed by funds granted hereunder pursuant to the Act. The provisions of this paragraph shall be fully applicable in the event that the City .participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the Community Development Block Grant program. 10. Fund Distribution. The County shall distribute funds received under Title 1 of the Act for fiscal years 1994-1995, 1995-1996, 1996-1997 or the twentieth, twenty-first, and twenty-second program years for the undertaking of essential community development and housing assistance activities. The County shall distribute to the City funds received under said Act if essential community development and housing assistance activities are to be undertaken within the territorial limits of the City. The City and County under Section 24 CFR 570.503 of the program regulations are required to enter into a written agreement to implement activities prior to disbursement.of any CDBG funds. 11. Effective and Termination Dates. This agreement shall go into effect as of the date shown in Section 1 immediately upon the signature of both parties,:and...shalI continue in full force and effect through the twentieth, twenty-first and twenty-second community development program years, or fiscal years 1994-1995, 1995-1996, 1996-1997 covered by the County's Statement of Community Development activities and projected use of funds and so long as the essential community development and housing assistance activities are being undertaken pursuant to this agreement. This agreement will automatically be renewed for participation in successive three-year qualification periods, unless the County or the City provides written notice it elects not to participate in a new qualification period. A copy of the notice must be sent to the HUD Field Office. By the date specified in HUD's urban county qualification notice for the next qualification period, the County will notify the City in writing of its right to make such election. A copy of the County's notification will be sent to the HUD Field Office by the date specified in the urban county qualification notice. Failure by either party to adopt an amendment to the agreement incorporating all changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for a subsequent three-year urban county qualification period, and to submit the amendment to HUD as provided in the urban county qualification notice will void the automatic renewal of such qualification period. This agreement remains in effect until the CDBG and HOME funds and income received with respect to the three-year qualification period (and any successive qualification periods which are automatically renewed) are expended and the funded activities completed, and the County and City may not terminate or withdraw from this agreement while this agreement remains in effect. 12. Subsequent Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary for the preparation of a subsequent Statement of Community Development activities and projected use of funds for the twenty-third, twenty-fourth, and twenty-fifth program years. Should the County desire to'qualify as ari urban county for subsequent fiscal years, the City shall have the option of choosing whether to continue its participation with the County. 13. City Policies. The City has adopted and is enforcing: A. 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 B. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within jurisdictions. 14. Inclusive Programs. By executing this agreement, the City understands that it: A. May not apply for grants under the Small Cities or State CDBG Programs from appropriations for fiscal years during the period in which it is participating in the County's CDBG program; and B. May not participate in a HOME consortium except through the urban county, regardless of whether the County receives a HOME formula allocation. 15. Representatives. A. The City designates ROSS G. HUBBARD or his or her designee as the official to whom all notices and communication from the County concerning any matter discussed herein or relevant to this agreement should be directed. B. The County designates the Director of Community Development or his or her designee as the official to whom all notices and communication from the City concerning any matter discussed here or relevant to this agreement should be directed. 16. Changes in Law or Regulations. Any change or amendment of Federal or State law, or regulations, concerning the subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and fully effective as if set forth herein. COUNTY OF CONTRA COSTA TOWN OF MORAGA Ey Chairman, Board of Supervisors Mayor SUSAN L. NOE ATTEST: OwL13 lff3 ATTEST: DEANNA MARIE CURULLA PHI BATC LOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR By Deputy Clerk City Clerk EA A MARIE CURULLA (SEAL) APPROVED AS TO FORM. Fwmdjb/6gd.cd-w COOPERATION AGREEMENT HOUSING AND COMMUNITY DEVELOPMENT ACT 1974, AS AMENDED COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (COUNTY AND CITY OF MARTINEZ �) 1. Parties & Date. Effective on July 6. 1993 , the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "County," and the INCORPORATED CITY OF _MARTINEZ , a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa, hereinafter referred to as "City," mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1974, as amended (hereinafter called "Act"). Title 1 of the Act consolidates previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Title 1 makes available entitlement grants to (1) cities whose population exceeds 50,000 persons, and (2) counties who qualify as an urban county. The Act's term "urban county" means any county within a metropolitan area which (A) is authorized under State law to undertake essential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B)has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. Or, having the potential of reaching the 200,000 level as required above, but achieving a total population of at least 100,000, but less than 200,000 from the unincorporated areas and participating units of government, provided that, in the aggregate, those areas include the majority of persons of low and moderate income that reside in the county, outside of any metropolitan cities therein. Fourteen cities in the County of Contra Costa have a population of less than 50,000. Certain of these same cities may join with the County of Contra Costa to form a combined population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant(CDBG) funds and of HOME Investment Partnership program funds(HOME). The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provisions of this agreement. This Cooperation Agreement covers both the CDBG Entitlement Program and HOME program. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, community renewal and lower income housing activities, specifically urban renewal and publicly assisted housing, hereinafter called "program," in fiscal years 1994-1995, 1995-1996, 1996-1997, or the twentieth, twenty-first and twenty-second program years in compliance with the final statement for community development objectives and projected use of funds, as submitted to the Federal Department of Housing and Urban Development (HUD) and as provided in this agreement. The County has the authority to carry our activities funded under this program, including any funded from program income generated from the expenditure of such funds. 4. Activities. Eligible community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated in Title 1 of the Act and the regulations issued thereto. Appropriate eligible activities will be included in the Statement of Community Development Objectives and Housing Assistance Plan as adopted by the Board of Supervisors pursuant to said Act. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under Title 1 of the Act. Said obligations and responsibilities include the submission to the Federal Department of Housing& Urban Development (HUD) a Statement of Projected Use Funds, an approved Comprehensive Housing Affordability Strategy and certain assurance or certifications required by the Act and regulations adopted pursuant thereto. 5. Information. The City shall provide the County with all information concerning the City-which the County requires to prepare its submissions to HUD and to develop for the County an analysis of needs, setting of objectives, preparation of community development program, plans and budget. All information required by the County shall he suhmitted in form prescribed by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the documents submitted to HUD. 6. Compliance. The County and the City shall take all actions necessary to assure compliance with the urban county's certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including provisions of Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the Fair Housing Act, Section 109 of Title 1 of the Housing and Community Development Act of 1974, and other applicable laws. The City shall comply with all requirements of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto, with respect to the program within its boundaries, and will provide the County with all records, documents, certifications and from funding activities in or in support of any cooperating units of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certification. All information shall be submitted in the form prescribed by the County. The City agrees to make available upon request all records concerning the program for inspection by County or Federal officials during regular business hours. Pursuant to 24 CFR 570.501(b), the City is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement set forth in 24 CFR 570.503. County as applicant, has the responsibility for ensuring that CDBG funds are used in accordance with all performance under agreements and procurement contracts, and for taking appropriate action when performance problems arise. Therefore, before disbursing any CDBG funds to City or projects in the City, County will require.City, and City agrees to enter into written agreement for each individual . project. 7. Program Income. The City shall inform the County of any income generated by the expenditure of CDBG funds received by the City. Any such program income shall be paid to the County'or used for eligible CDBG activities after receipt of prior approval by the County. The City shall keep appropriate accounting records regarding any program income and report to the County quarterly, starting with July 31, 1994, so that the County can meet its monitoring and reporting responsibilities to HUD. The foregoing shall apply to program income that is on hand or received subsequent to the close-out of the grant or a change in status of the City relevant to the County's CDBG program.. 8. Real Property. The City shall notify the County of any disposition of, or modification or change in the use of any real property acquired or improved with CDBG funds. The City shall reimburse the County 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 the CDBG regulations. Program income generated from the disposition or transfer of property acquired or improved with CDBG funds shall be reported and handled as set forth in Section 7. 9. Indemnification. The City shall defend,save harmless and indemnify the County, its officers, agents and employees and the County shall defend,save harmless and indemnify the City, its officers, agents and employees from all liabilities and claims for any fines, penalties, bodily injury, death,. sickness or damages of any type from any cause whatsoever arising from or connected with the City's failure to comply with any requirement of the Act or the regulations, guidelines, bulletins or circulars which have been and will be issued pursuant thereto or any City activity financed by funds granted hereunder pursuant to the act. The provisions of this paragraph shall be fully applicable in the event that the City participates in the section 312 Federal Rehabilitation Loan Program in conjunction with the Community Development Block Grant program. 10. Fund Distribution. The County shall distribute funds received under Title 1 of the Act for fiscal years 1994-1995, 1995-1996, 1996-1997 or the twentieth, twenty-first, and twenty-second program years for the undertaking of essential community development and housing assistance activities. The County shall distribute to the City funds received under said Act if essential community development and housing assistance activities are to be undertaken within the territorial limits of the City. The City and County under Section 24 CFR 570.503 of the program regulations are required to enter into a written agreement to implement activities prior to disbursement of any CDBG funds. 11. Effective and Termination Dates. This agreement shall go into effect as of the date shown in Section 1 immediately upon the signature of both.parties and shall continue in full force and effect through the twentieth, twenty-first and twenty-second community development program years, or fiscal years 1994-1995, 1995-1996, 1996-1997 covered by the County's Statement of Community Development activities and projected use of funds and so long as the essential community development and housing assistance activities are being undertaken pursuant to this agreement. This agreement will automatically be renewed for participation in successive three-year qualification periods, unless the County or the City provides written notice it elects not to participate in a new qualification period. A copy of the notice must be sent to the HUD Field Office. By the date specified in HUD's urban county qualification notice for the next qualification period, the County will notify the City in writing of its right to make such election. A copy of the County's notification will be sent to the HUD Field Office by the date specified in the urban county qualification notice. Failure by either party to adopt an amendment to the agreement incorporating all changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for a subsequent three-year urban county qualification period, and to submit the amendment to HUD as provided in the urban county qualification notice will void the automatic renewal of such qualification period. This agreement remains in effect until the CDBG and HOME funds and income received with respect to the three-year qualification period (and any successive qualification periods which are automatically renewed) are expended and the funded activities completed, and the County and City may not terminate or withdraw from this agreement while this agreement remains in effect. 12. Subsequent Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary for the preparation of a subsequent Statement of Community Development activities and projected use of fundsJor the twenty-third, twenty-fourth, and twenty-fifth program years. Should the County desire to qualify as an urban county for subsequent fiscal years, the City shall have the option of choosing whether to continue its participation with the County. 13. City Policies. The City has adopted and is enforcing: A. 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 B. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within jurisdictions. 14. Inclusive Programs. By executing this agreement, the City understands that it: A. May not apply for grants under the Small Cities or State CDBG Programs from appropriations for fiscal years during the period in which it is participating in the County's CDBG'program; and B. May not participate in a HOME consortium for fiscal years during the period in which the City is participating in the County's HOME program except through the urban county,regardless of whether the County receives a HOME formula allocation. 15. Representatives. A. The City designates Director of Community Development or his or her designee as the official to whom all notices and communications from the County concerning any matter discussed herein or relevant to this agreement should be directed. B. The County designates the Director of Community Development or his or her designee as the official to whom all notices ad communication from the City concerning any matter discussed here or relevant to this agreement should be directed. 16. Changes in Law or Regulations. Any change or amendment of federal or state law, or regulations, concerning the subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and fully effective as if set forth herein. COUNTY OF CONTRA COSTA a Y Ion lr(1*5-M Chairman, Board of Supervisors mayor ATTEST: 9 q ATTEST: PHIL B CHEZ R, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Y By % X, Deputy Clerk City Cle6 1 (SEAL) APPROVED AS TO FORM. F--djb/6g&cd.aV COOPERATION AGREEMENT HOUSING AND COMMUNITY DEVELOPMENT ACT 1974, AS AMENDED COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (COUNTY AND CITY OF E P—C 0 LLS ) 1. Parties & Date. Effective on , the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "County," and the INCORPORATED CITY OF 1-A e-C J 11�1;5 , a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa, hereinafter referred to as "City," mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1974, as amended (hereinafter called "Act"). Title 1 of the Act consolidates previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Title 1 makes available entitlement grants to (1) cities whose population exceeds 50,000 persons, and (2) counties who qualify as an urban county. The Act's term "urban county" means any county within a metropolitan area which (A) is authorized under State law to undertake essential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B)has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. Or, having the potential of reaching the 200,000 level as required above, but achieving a total population of at least 100,000, but less than 200,000 from the unincorporated areas and participating units of government, provided that, in the aggregate, those areas include the majority of persons of low and moderate income that reside in the county, outside of any metropolitan cities therein. Fourteen cities in the County of Contra Costa have a population of less than 50,000. Certain of .these same cities may join with the County of Contra Costa to form a combined population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant(CDBG)funds and of HOME Investment Partnership program funds(HOME). The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provisions of this agreement. This Cooperation Agreement covers both the CDBG Entitlement Program and HOME program. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, community renewal and lower income housing activities, specifically urban renewal and publicly assisted housing, hereinafter called "program," in fiscal years 1994-1995, 1995-1996, 1996-1997, or the twentieth, twenty-first and twenty-second program years in compliance with the final statement for community development objectives and projected use of funds, as submitted to the Federal Department of Housing and Urban Development (HUD) and as provided in this agreement. The County has the authority to carry our activities funded under this program, including any funded from program income generated from the expenditure of such funds. 4. Activities. Eligible community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated in Title 1 of the Act and the regulations issued thereto. Appropriate eligible activities will be included in the Statement of Community Development Objectives and Housing Assistance Plan as adopted by the Board of Supervisors pursuant to said Act. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under Title 1 of the Act. Said obligations and responsibilities include the submission to the Federal Department of Housing&Urban Development (HUD)a Statement of Projected Use Funds, an approved Comprehensive Housing Affordability Strategy and certain assurance or certifications required by the Act and regulations adopted pursuant thereto. 5. Information. The City shall provide the County with all information concerning the City which the County requires to prepare its submissions to HUD and to develop for the County an analysis of needs, setting of objectives, preparation of community development program, plans and budget. All information required by the County shall be submitted in form prescribed by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the documents submitted to HUD. 6. Compliance. The County and the City shall take all actions necessary to assure compliance with the urban county's certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including provisions of Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the Fair Housing Act, Section 109 of Title 1 of the Housing and Community Development Act of 1974, and other applicable laws. The City shall comply with all requirements of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto, with respect to the program within its boundaries, and will provide the County with all records, documents, certifications and from funding activities in or in support of any cooperating units of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certification. All information shall be submitted in the form prescribed by the County. The City agrees to make available upon request all records concerning the program for inspection by County or Federal officials during regular business hours. Pursuant to 24 CFR 570.501(b), the City is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement set forth in 24 CFR 570.503. County as applicant, has the responsibility for ensuring that CDBG funds are used in accordance with all performance under agreements and procurement contracts, and for taking appropriate action when performance problems arise. Therefore, before disbursing any CDBG funds to City or projects in the City, County will require City, and City agrees to enter into written agreement for each individual project. 7. Program Income. The City shall inform the County of any income generated by the expenditure of CDBG funds received by the City. Any such program income shall be paid to the County or used for eligible CDBG activities after receipt of prior approval by the County. The City shall keep appropriate accounting records regarding any program income and report to the County quarterly, starting with July 31, 1994, so that the County can meet its monitoring and reporting responsibilities to HUD. The foregoing shall apply to program income that is on hand or received subsequent to the close-out of the grant or a change in status of the City relevant to the County's CDBG program. 8. Real Property. The City shall notify the County of any disposition of, or modification or change in the use of any real property acquired or improved with CDBG funds. The City shall reimburse the County 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 the CDBG regulations. Program income generated from the disposition or transfer of property acquired or improved with CDBG funds shall be reported and handled as set forth in Section 7. 9. Indemnification. The City shall defend, save harmless and indemnify the County, its officers, agents and employees from all liabilities and claims for any fines, penalties,bodily injury,death,sickness or damages of any type from any cause whatsoever arising from or connected with the City's failure to comply with any requirement of the Act or the regulations, guidelines, bulletins or circulars which have been and will be issued pursuant thereto or any City activity financed by funds granted hereunder pursuant to the Act. The provisions of this paragraph shall be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the Community Development Block Grant program. 10. Fund Distribution. The County shall distribute funds received under Title 1 of the Act for fiscal years 1994-1995, 1995-1996, 1996-1997 or the twentieth,twenty-first, and twenty-second program years for the undertaking of essential community development and housing assistance activities. The County shall distribute to the City funds received under said Act if essential community development and housing assistance activities are to be undertaken within the territorial limits of the City. The City and County under Section 24 CFR 570.503 of the program regulations are required to enter into a written agreement to implement activities prior to disbursement of any CDBG funds. 11. Effective and Termination Dates. This agreement shall go into effect as of the date shown in Section 1 immediately upon the signature of both parties and shall continue in full force and effect through the twentieth, twenty-first and twenty-second community development program years, or fiscal years 1994-1995, 1995-1996, 1996-1997 covered by the County's Statement of Community Development activities and projected use of funds and so long as the essential community development and housing assistance activities are being undertaken pursuant to this agreement. .This agreement will automatically be renewed for participation in successive' three-year qualification periods, unless the County or the City provides written notice it elects not to participate in a new qualification period. A copy of the notice must be sent to the HUD Field Office. By the date specified in HUD's urban county qualification notice for the next qualification period, the County will notify the City in writing of its right to. make such election. A copy of the County's notification will be sent to the HUD Field Office by the date specified in the urban county qualification notice. Failure by either party to adopt an amendment to the agreement incorporating all changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for a subsequent three-year urban county qualification period, and to submit the amendment to HUD as provided in the urban county qualification notice will void the automatic renewal of such qualification period. . This agreement remains in effect until the CDBG and HOME funds and income received with respect to the three-year qualification period (and any successive qualification periods which are automatically renewed) are expended and the funded activities completed, and the County and City may not terminate or withdraw from this agreement while this agreement remains in effect. 12. Subsequent Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary for the preparation of a subsequent Statement of Community Development activities and projected use of funds for the twenty-third, twenty-fourth, and twenty-fifth program years. Should the County desire to qualify as an urban county for subsequent fiscal years, the City shall have the option of choosing whether to continue its participation with the County. 13, City Policies. The City has adopted and is enforcing: A. 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 B. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within jurisdictions. 14. Inclusive Programs. By executing this agreement, the City understands that it: A. May not apply for grants under the Small Cities or State CDBG Programs from appropriations for fiscal years during the period in which it is participating in the County's CDBG program; and B. May not participate in a HOME consortium except through the urban county, regardless of whether the County receives a HOME formula allocation. 15. Representatives.. A. The City designates or his or her designee as the official to whom all notices and communication from the County concerning any matter discussed herein or relevant to this agreement should be directed. B. The County designates the Director of Community Development or his or her designee as the official to whom all notices and communication from the City concerning any matter discussed here or relevant to this agreement should be directed. 16. Changes in Law or Regulations. Any change or amendment of Federal or State law, or regulations, concerning the subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and fully effective as if set forth herein. COUNTY OF CONTRA COSTA By 4— Chairman, Board of Supervisors Mayor ATTEST: •3 9 9 3 ATTEST: PH BATC LOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BIle B Y y Deputy Clerk City C erk (SEAL) APPROVED AS TO FORM. F--djbAwg&cdaw COOPERATION AGREEMENT HOUSING AND COMMUNITY DEVELOPMENT ACT 1974, AS AMENDED COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (COUNTY AND CITY OF CLAYTON ) 1. Parties & Date. Effective on MAY 1993 , the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "County," and the INCORPORATED CITY OF CLAYTON , a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa, hereinafter referred to as "City," mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1974, as amended (hereinafter called "Act"). Title 1 of the Act consolidates previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Title 1 makes available entitlement grants to (1) cities whose population exceeds 50,000 persons, and (2) counties who qualify as an urban county. The Act's term "urban county" means any county within a metropolitan area which (A) is authorized under State law to undertake essential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B)has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with.which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. Or, having the potential of reaching the 200,000 level as required above, but achieving a total population of at least 100,000, but less than 200,000 from the unincorporated areas and participating units of government, provided that, in the aggregate, those areas include the majority of persons of low and moderate income that reside in the county, outside of any metropolitan cities therein. Fourteen cities in the County of Contra Costa have a population of less than 50,000. Certain of these same cities may join with the County of Contra Costa to form a combined population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant(CDBG)funds and of HOME Investment Partnership program funds(HOME). The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provisions of this agreement. This Cooperation Agreement covers both the CDBG Entitlement Program and HOME program. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, community renewal and lower income housing activities, specifically urban renewal and publicly assisted housing, hereinafter called "program," in fiscal years 1994-1995, 1995-1996, 1996-1997, or the twentieth, twenty-first and twenty-second program years in compliance with the final statement for community development objectives and projected use of funds, as submitted to the Federal Department of Housing and Urban Development (HUD) and as provided in this agreement. The County has the authority to carry our activities funded under this program, including any funded from program income generated from the expenditure of such funds. 4. Activities. Eligible community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated in Title 1 of the Act and the regulations issued thereto. Appropriate eligible activities will be included in the Statement of Community Development Objectives and Housing Assistance Plan as adopted by the Board of Supervisors pursuant to said Act. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under Title 1 of the Act. Said obligations and responsibilities include the submission to the Federal Department of Housing& Urban Development(HUD) a Statement of Projected Use Funds, an approved Comprehensive Housing Affordability Strategy and certain assurance or certifications required by the Act and regulations adopted pursuant thereto. 5. Information. The City shall provide the County with all information concerning the City which the County requires to prepare its submissions to HUD and to develop for the County an analysis of needs, setting of objectives, preparation of community development program, plans and budget. All intbrmation required by the County shall be submitted in form prescribed by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the documents submitted to HUD. 6. Compliance. The County and the City shall take all actions necessary to assure compliance with the urban county's certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including provisions of Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws. The City shall comply with all requirements of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto, with respect to the program within its boundaries, and will provide the County with all records, documents, certifications and from funding activities in or in support of any cooperating units of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certification. All information shall be submitted in the form prescribed by the County. The City agrees to make available uponrequest all records concerning the program for inspection by County or Federal officials during regular business hours. Pursuant to 24 CFR 570.501(b), the City is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement set forth in 24 CFR 570.503. County as applicant, has the responsibility for ensuring that CDBG funds are used in accordance with all performance under agreements and procurement contracts, and for taking appropriate action when performance problems arise. Therefore, before disbursing any CDBG funds to City or projects in the City, County will require City, and City agrees to enter into written agreement for each individual project. 7. Program Income. The City shall inform the County of any income generated by the expenditure of CDBG funds received by the City. Any such program income shall be paid to the County or used for eligible CDBG activities after receipt of prior approval by the County. The City shall keep appropriate accounting records regarding any program income and report to the County quarterly, starting with July 31, 1994, so that the County can meet its monitoring and reporting responsibilities to HUD. The foregoing shall apply to program income that is on hand or received subsequent to the close-out of the grant or a change in status of the City relevant to the County's CDBG program. g. Real Property. The City shall notify the County of any disposition of, or modification or change in the use of any real property acquired or improved with CDBG funds. The City shall reimburse the County 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 the CDBG regulations. Program income generated from the disposition or transfer of property acquired or improved with CDBG funds shall be reported and handled as set forth in Section 7. 9. Indemnification. The City shall defend, save harmless and indemnify the County, its officers, agents and employees from all liabilities and claims for any fines, penalties,bodily injury, death,sickness or damages of any type from any cause whatsoever arising from or connected with the City's failure to comply with any requirement of the Act or the regulations, guidelines, bulletins or circulars which have been and will be issued pursuant thereto or any City activity financed by funds granted hereunder pursuant to the Act. The provisions of this paragraph shall be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the Community Development Block Grant program. 10. Fund Distribution. The County shall distribute funds received under Title I of the Act for fiscal years 1994-1995, 1995-1996, 1996-1997 or the twentieth, twenty-first, and twenty-second program years for the undertakinc, of essential community development and housing assistance activities. The County shall distribute to the City funds received under said Act if essential community development and housing assistance activities are to be undertaken within the territorial limits of the City. The City and County under Section 24 CFR 570.503 of the program regulations are required to enter into a written agreement to implement activities prior to disbursement of any CDBG funds. 11. Effective and Termination Dates. This agreement shall go into effect as of the date shown in Section 1 immediately upon the signature of both parties and shall continue in full force and effect through the twentieth, twenty-first and twenty-second community development program years, or fiscal years 1994-1995, 1995-1996, 1996-1997 covered by the County's Statement of Community Development activities and projected use of funds and so long as the essential community development and housing assistance activities are being undertaken pursuant to this agreement. This agreement will automatically be renewed for participation in successive three-year qualification periods, unless the County or the City provides written notice it elects not to participate in a new qualification period. A copy of the notice must be sent to the HUD Field Office. By the date specified in HUD's urban county qualification notice for the next qualification period, the County will notify the City in writing of its right to make such election. A copy of the County's notification will be sent to the HUD Field Office by the date specified in the urban county qualification notice. Failure by either party to adopt an amendment to the agreement incorporating all changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for a subsequent three-year urban county qualification period, and to submit the amendment to HUD as provided in the urban county qualification notice will void the automatic renewal of such qualification period. This agreement remains in effect until the CDBG and HOME funds and income received with respect to the three-year qualification period (and any successive qualification periods which are automatically renewed) are expended and the funded activities completed; and the County and City may not terminate or withdraw from this agreement while this agreement remains in effect. 12. Subsequent Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary for the preparation of a subsequent Statement of Community Development activities and projected use of funds for the twenty-third, twenty-fourth, and twenty-fifth program years. Should the County desire to qualify as an urban county for subsequent fiscal years, the City shall have the option of choosing whether to continue its participation with the County. 13. City Policies. The City has adopted and is enforcing: A. 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 B. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within jurisdictions. 14. Inclusive Programs. By executing this agreement, the City understands that it: A. May not apply for grants under the Small Cities or State CDBG Programs from appropriations for fiscal years during the period in which it is participating in the County's CDBG program; and B. May not participate in a HOME consortium except through the urban county, regardless of whether the County receives a HOME formula allocation. 15. Representatives. A. The City designates Randall Hatch, Comm. Dev. Dir. or his or her designee as the official to whom all notices and communication from the County concerning any matter discussed herein or relevant to this agreement should be directed. B. The County designates the Director of Community Development or his or her designee as the official to whom all notices and communication from the City concerning any matter discussed here or relevant to this agreement should be directed. 16. Changes in law or Regulations. Any change or amendment of Federal or State law, or regulations, concerning the subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and fully effective as if set forth herein. COUNTY OF CONTRA COSTA City of Clayton By2 /��p Chairman, Board of Supervisors Mayor ATTEST: 3 ATTEST: PHIL B TCH OR,tLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR By By Deputy Clerk City Clerk (SEAL) APPROVED AS TO FORM. forms/jb/hsgdmd.agr COOPERATION AGREEMENT HOUSING AND COMMUNITY DEVELOPMENT ACT 1974, AS AMENDED COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (COUNTY AND CITY OF RRRNTWnnn 1 1. Parties & Date. Effective on , the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "County," and the INCORPORATED CITY OF RRF.NTWR0n , a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa, hereinafter referred to as "City," mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1974, as amended (hereinafter called "Act"). Title 1 of the Act consolidates previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Title 1 makes available entitlement grants to (1) cities whose population exceeds 50,000 persons, and (2) counties who qualify as an urban county. The Act's term "urban county" means any county within a metropolitan area which (A) is authorized under State law to undertake essential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B)has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. Or, having the potential of reaching the 200,000 level as required above, but achieving a total population of at least 100,000, but less than 200,000 from the unincorporated areas and participating units of government, provided that, in the aggregate, those areas include the majority of persons of low and moderate income that reside in the county, outside of any metropolitan cities therein. Fourteen cities in the County of Contra Costa have a population of less than 50,000. Certain of these same cities may join with the County of Contra Costa to form a combined population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant(CDBG)funds and of HOME Investment Partnership program funds(HOME). The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provisions of this agreement. This Cooperation Agreement covers both the CDBG Entitlement Program and HOME program. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, community renewal and lower income housing activities, specifically urban renewal and publicly assisted housing, hereinafter called "program," in fiscal years 1994-1995, 1995-1996, 1996-1997, or the twentieth, twenty-first and twenty-second program years in compliance with the final statement for community development objectives and projected use of funds, as submitted to the Federal Department of Housing and Urban Development (HUD) and as provided in this agreement. The County has the authority to carry our activities funded under this program, including any funded from program income generated from the expenditure of such funds. 4. Activities. Eligible community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated in Title 1 of the Act and the regulations issued thereto. Appropriate eligible activities will be included in the Statement of Community Development Objectives and Housing Assistance Plan as adopted by the Board of Supervisors pursuant to said.Act. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under Title 1 of the Act. Said obligations and responsibilities include the submission to the Federal Department of Housing& Urban Development(HUD)a Statement of Projected Use Funds, an approved Comprehensive Housing Affordability Strategy and certain assurance or certifications required by the Act and regulations adopted pursuant thereto. 5. Information. The City shall provide the County with all information concerning the City which the County requires to prepare its submissions to HUD and to develop for the County an analysis of needs, setting of objectives, preparation of community development program, plans and budget. All information required by the County shall be submitted in form prescribed by the County no later than the dates specified by the County. The County shalt not be liable to the City for any failure to include the City in the documents submitted to HUD. 6. Compliance. The County and the City shall take all actions necessary to assure compliance with the urban county's certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including provisions of Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the Fair Housing Act, Section 109 of Title 1 of the Housing and Community Development Act of 1974, and other applicable laws. The City shall comply with all requirements of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto, with respect to the program within its boundaries, and will provide the County with all records, documents, certifications and from funding activities in or in support of any cooperating units of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certification. All information shall be submitted in the form prescribed by the County. The City agrees to make available upon request all records concerning the program for inspection by County or Federal officials during regular business hours. Pursuant to 24 CFR 570.501(b), the City is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement set forth in 24 CFR 570.503. County as applicant, has the responsibility for ensuring that CDBG funds are used in accordance with all performance under agreements and procurement contracts, and for taking appropriate action when performance problems arise. Therefore, before disbursing any CDBG funds to City or projects in the City, County will require City, and City agrees to enter into written agreement for each individual project. 7. Program Income. The City shall inform the County of any income generated by the expenditure of CDBG funds received by the City. Any such program income shall be paid to the County or used for eligible CDBG activities after receipt of prior approval by the County. The City shall keep appropriate accounting records regarding any program income and report to the County quarterly, starting with July 31, 1994, so that the County can meet its monitoring and reporting responsibilities to HUD. The foregoing shall apply to program income that is on hand or received subsequent to the close-out of the grant or a change in status of the City relevant to the County's CDBG program. 8. Ileal Property. The City shall notify the County of any disposition of, or modification or change in the use of any real property acquired or improved with CDBG funds. The City shall reimburse the County 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 the CDBG regulations. Program income generated from the disposition or transfer of property acquired or improved with CDBG funds shall be reported and handled as set forth in Section 7. 9. Indemnification. The City shall defend, save harmless and indemnify the County, its officers, agents and employees from all liabilities and claims for any fines, penalties,bodily injury,death,sickness or damages of any type from any cause whatsoever arising from or connected with the City's failure to comply with any requirement of the Act or the regulations, guidelines, bulletins or circulars which have been and will be issued pursuant thereto or any City activity financed by funds granted hereunder pursuant to the Act. The provisions of this paragraph shall be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the Community Development Block Grant program. 10. Fund Distribution. The County shall distribute funds received under Title 1 of the Act for fiscal years 1994-1995, 1995-1996, 1996-1997 or the twentieth,twenty-first, and twenty-second program years for the undertaking of essential community development and housing assistance activities. The County shall distribute to the City funds received under said Act if essential community development and housing assistance activities are to be undertaken within the territorial limits of the City. The City and County under Section 24 CFR 570.503 of the program regulations are required to enter into a written agreement to implement activities prior to disbursement of any CDBG funds. 11. Effective'and Termination Dates. This agreement shall go into effect as of the date shown in Section 1 immediately upon the signature of both parties and shall continue in full force and effect through the twentieth, twenty-first and twenty-second community development program years, or fiscal years 1994-1995, 1995-1996, 1996-1997 covered by the County's Statement of Community Development activities and projected use of funds and so long as the essential community development and housing assistance activities are being undertaken pursuant to this agreement. This agreement will automatically be renewed for participation in successive three-year qualification periods, unless the County or the City provides written notice it elects not to participate in a new qualification period. A copy of the notice must be sent to the HUD Field Office. By the date specified in HUD's urban county qualification notice for the next qualification period, the County will notify the City in writing of its right to make such election. A copy of the County's notification will be sent to the HUD Field Office by the date specified in the urban county qualification notice. Failure by either party to adopt an amendment to the agreement incorporating all changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for a subsequent three-year urban county qualification period, and to submit the amendment to HUD as provided in the urban county qualification notice will void the automatic renewal of such qualification period. This agreement remains in effect until the CDBG and HOME funds and income received with respect to the three-year qualification period (and any successive qualification periods which are automatically renewed) are expended and the funded activities completed, and the County and City may not terminate or withdraw from this agreement while this agreement remains in effect. 12. Subsequent Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary for the preparation of a subsequent Statement of Community Development activities and projected use of funds for the twenty-third, twenty-fourth, and twenty-fifth program years. Should the County desire to qualify as an urban county for subsequent fiscal years, the City shall have the option of choosing whether to continue its participation with the County. 13. City Policies. The City has adopted and is enforcing: A. 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 B. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within jurisdictions. 14. Inclusive Programs. By executing this agreement, the City understands that it: A. May not apply for grants under the Small Cities or State CDBG Programs from appropriations for fiscal years during the period in which it is participating in the County's CDBG program; and B. May not participate in a HOME consortium except through the urban county, regardless of whether the County receives a HOME formula allocation. 15. Representatives. A. The City designates T)nNAT.n PusSF.T,T. ('TTY MANA(',F.R or his or her designee as the official to whom all notices and communication from the County concerning any matter discussed herein or relevant to this agreement should be directed. B. The County designates the Director of Community Development or his or her designee as the official to whom all notices and communication from the City concerning any matter discussed here or relevant to this agreement should be directed. 16. Changes in Law or Regulations. Any change or amendment of Federal or State law, or regulations, concerning the subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and fully effective as if set forth herein. . r COUNTY OF CONTRA COSTA CITY OF BRENTWOOD B y Chairman, Board of Supervisors Mayor 3Gl ATTEST: ATTEST:� � _ PHIL B CHE OR, dLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR lj ,o By By �r Deputy Clerk City Clerk (SEAL) APPROVED AS TO FORM. F-mdjb/6g&-d.aV COOPERATION AGREEMENT HOUSING AND COMMUNITY DEVELOPMENT ACT 1974, AS AMENDED COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (COUNTY AND CITY OF P I NOL E ) 1. Parties & Date. Effective on MAY 3, 1993 , the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "County," and the INCORPORATED CITY OF PINOLE , a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa, hereinafter referred to as "City," mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1974, as amended (hereinafter called "Act"). Title I of the Act consolidates previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Title 1 makes available entitlement grants to (1) cities whose population exceeds 50,000 persons, and (2) counties who qualify as an urban county. The Act's term "urban county" means any county within a metropolitan area which (A) is authorized under State law to undertake essential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B)has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. Or, having the potential of reaching the 200,000 level as required above, but achieving a total population of at least 100,000, but less than 200,000 from the unincorporated areas and participating units of government, provided that, in the aggregate, those areas include the majority of persons of low and moderate income that reside in the county, outside of any metropolitan cities therein. Fourteen cities in the County of Contra Costa have a population of less than 50,000. Certain of these same cities may join with the County of Contra Costa to form a combined population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant(CDBG)funds and of HOME Investment Partnership program funds(HOME). The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provisions of this agreement. This Cooperation Agreement covers both the CDBG Entitlement Program and HOME program. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, community renewal and lower income housing activities, specifically urban renewal and publicly assisted housing, hereinafter called "program," in fiscal years 1994-1995, 1995-1996, 1996-1997, or the twentieth, twenty-first and twenty-second program years in compliance with the final statement for community development objectives and projected use of funds, as submitted to the Federal Department of Housing and Urban Development (HUD) and as provided in this agreement. The County has the authority to carry our activities funded under this program, including any funded from program income generated from the expenditure of such funds. 4.. Activities. Eligible community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated in Title 1 of the Act and the regulations issued thereto. Appropriate eligible activities will be included in the Statement of Community Development Objectives and Housing Assistance Plan as adopted by the Board of Supervisors pursuant to said Act. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under Title 1 of the Act. Said obligations and responsibilities include the submission to the Federal Department of Housing&Urban Development(HUD) a Statement of Projected Use Funds, an approved Comprehensive Housing Affordability Strategy and certain assurance or certifications required by the Act and regulations adopted pursuant thereto. 5. Information. The City shall provide the County with all information concerning the City which the County requires to prepare its submissions to HUD and to develop for the County an analysis of needs, setting of objectives, preparation of community development program, plans and budget. All information required by the County shall be submitted in form prescribed by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the documents submitted to HUD. 6. Compliance. The County and the City shall take all actions necessary to assure compliance with the urban county's certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including provisions of Title VI of the Civil Rights Act of 1964, Tide VIII of the Civil Rights Act of 1968, the Fair Housing Act, Section 109 of Title 1 of the Housing and Community Development Act of 1974, and other applicable laws. The City shall comply with all requirements of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued purguant thereto, with respect to the program within its boundaries, and will provide the County with all records, documents, certifications and from funding activities in or in support of any cooperating units of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certification. All information shall be submitted in the form prescribed by the County. The City agrees to make available upon request all records concerning the program for inspection by County or Federal officials during regular business hours. Pursuant to 24 CFR 570.501(b), the City is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement set forth in 24 CFR 570.503. County as applicant, has the responsibility for ensuring that CDBG funds are used in accordance with all performance under agreements and procurement contracts, and for taking appropriate action when performance problems arise. Therefore, before disbursing any CDBG funds to City or projects in the City, County will require City, and City agrees to enter into written agreement for each individual project. 7. Program Income. The City shall inform the County of any income generated by the expenditure of CDBG funds received by the City. Any such program income shall be paid to the County or used for eligible CDBG-activities after receipt of prior approval by the County. The City shall keep appropriate accounting records regarding any program income and report to the County quarterly, starting with July 31, 1994, so that the County can meet its monitoring and reporting responsibilities to HUD. The foregoing shall apply to program income that is on hand or received subsequent to the close-out of the grant or a change in status of the City relevant to the County's CDBG program. 8. Real Property. The City shall notify the County of any disposition of, or modification or change in the use of any real property acquired or improved with CDBG funds. The City shall reimburse the County 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 the CDBG regulations. Program income generated from the disposition or transfer of property acquired or improved with CDBG funds shall be reported and handled as set forth in Section 7. 9. Indemnification. The City shall defend, save harmless and indemnify the County, its officers, agents and employees from all liabilities and claims for any fines, penalties,bodily injury,death, sickness or damages of any type from any cause whatsoever arising from or connected with the City's failure to comply with any requirement of the Act or the regulations, guidelines, bulletins or circulars which have been and will be issued pursuant thereto or any City activity financed by funds granted hereunder pursuant to the Act. The provisions of this paragraph shall be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the Community Development Block Grant program. 10. Fund Distribution. The County shall distribute funds received under Title I of the Act for fiscal years 1994-1995, 1995-1996, 1996-1997 or the twentieth,twenty-first, and twenty-second program years for the undertaking of essential community development and housing assistance activities. The County shall distribute to the City funds received under said Act if essential community development and housing" assistance activities are to be undertaken within the territorial limits of the City. The City and County under Section 24 CFR 570.503 of the program regulations are required to enter into a written agreement to implement activities prior to disbursement of any CDBG funds. 11. Effective and Termination Dates. This agreement shall go into effect as of the date shown in Section 1 immediately upon the signature of both parties and shall continue in full force and effect through the twentieth, twenty-first and twenty-second community development program years, or fiscal years 1994-1995, 1995-1996, 1996-1997 covered by the County's Statement of Community Development activities and projected use of funds and so long as the essential community development and housing assistance activities are being undertaken pursuant to this agreement. This agreement will automatically be renewed for participation in successive three-year qualification periods, unless the County or the City provides written notice it elects not to participate in a new qualification period. A copy of the notice must be sent to the HUD Field Office. By the date specified in HUD's urban county qualification notice for the next qualification period, the County will notify the City in writing of its right to make such election. A copy of the County's notification will be sent to the HUD Field Office by the date specified in the urban county qualification notice. Failure by either party to adopt an amendment to the agreement incorporating all changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for a subsequent three-year urban county qualification period, and to submit the amendment to HUD as provided in the urban county qualification notice will void the automatic renewal of such qualification period. This agreement remains in effect until the CDBG and HOME funds and income received with respect to the three-year qualification period (and any successive qualification periods which are automatically renewed) are expended and the funded activities completed, and the County and City may not terminate or withdraw from this agreement while this agreement remains in effect. 12. Subsequent Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary for the preparation of a subsequent Statement of Community Development activities and projected use of funds for the twenty-third, twenty-fourth, and twenty-fifth program years. Should the County desire to qualify as an urban county for subsequent fiscal years, the City shall have the option of choosing whether to continue its participation with the County. 13. City Policies. The City has adopted and is enforcing: A. 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 B. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within jurisdictions. 14. Inclusive Programs. By executing this agreement, the City understands that it: A. May not apply for grants under the Small Cities or State CDBG Programs from appropriations for fiscal years during the period in which it is participating in the County's CDBG program; and B. May not participate in a HOME consortium except through the urban county, regardless of whether the County receives a HOME formula allocation. 15. Representatives. A. The City designates RALPH PETTY or his or her designee as the official to whom all notices and communication from the County concerning any matter discussed herein or relevant to this agreement should be directed. B. The County designates the Director of Community Development or his or her designee as the official to whom all notices and communication from the City concerning any matter discussed here or relevant to this agreement should be directed. 16. Changes in Law or Regulations. Any change or amendment of Federal or State law, or regulations, concerning the subject matter of this agreement shall be deemed to be .immediately incorporated in the agreement and fully effective as if set forth herein. COUNTY OF CONTRA COSTA Y hairman, Board of Supervisors or ATTEST: 13 1223 ATTEST: PHIL ATCH OR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR B - By Y 01 Deputy Clerk 40y Clerk (SEAL) APPROVED AS TO FORM. FormarjbAmg&cd.aV L COOPERATION AGREEMENT HOUSING AND COMMUNITY DEVELOPMENT ACT 1974, AS AMENDED COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (COUNTY AND CITY OF ORI NDA 1. Parties & Date. Effective on May 25 , 1993 , the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the ."County," and the INCORPORATED CITY OF ORI NDA , a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa, hereinafter referred to as "City," mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1974, as amended (hereinafter called "Act"). Title 1 of the Act consolidates previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Title 1 makes available entitlement grants to (1) cities whose population exceeds 50,000 persons, and (2) counties who qualify as an urban county. The Act's term "urban county" means any county within a metropolitan area which (A) is authorized under State law to undertake essential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B)has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. Or, having the potential of reaching the 200,000 level as required above, but achieving a total population of at least 100,000, but less than 200,000 from the unincorporated areas and participating units of government, provided that, in the aggregate, those areas include the majority of persons of low and moderate income that reside in the county, outside of any metropolitan cities therein. Fourteen cities in the County of Contra Costa have a population of less than 50,000. Certain of these same cities may join with the County of Contra Costa to form a combined population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant (CDBG)funds and of HOME Investment Partnership program funds (HOME). The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provisions of this agreement. This Cooperation Agreement covers both the CDBG Entitlement Program and HOME program. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, community renewal and lower income housing activities, specifically urban renewal and publicly assisted housing, hereinafter called "program," in fiscal years 1994-1995, 1995-1996, 1996-1997, or the twentieth, twenty-first and twenty-second program years in compliance with the final statement for community development objectives and projected use of funds, as submitted to the Federal Department of Housing and Urban Development (HUD) and as provided in this agreement. The County has the authority to carry our activities funded under this program, including any funded from program income generated from the expenditure of such funds. 4. Activities. Eligible community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated in Title 1 of the Act and the regulations issued thereto. Appropriate eligible activities will be included in the Statement of Community Development Objectives and Housing Assistance Plan as adopted by the Board of Supervisors pursuant to said Act. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under Title 1 of the Act. Said obligations and responsibilities include the submission to the Federal Department of Housing& Urban Development (HUD)a Statement of Projected Use Funds, an approved Comprehensive Housing Affordability Strategy and certain assurance or certifications required by the Act and regulations adopted pursuant thereto. 5. Information. The City shall provide the County with all information concerning the City which the County requires to prepare its submissions to HUD and to develop for the County an analysis of. needs, setting of objectives, preparation of community development program, plans and budget. All information required by the County shall be submitted in form prescribed by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the documents submitted to HUD. 6. Compliance. The County and the City shall take all actions necessary to assure compliance with the urban county's certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including provisions of Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the Fair Housing Act, Section 109 of Title 1 of the Housing and Community Development Act of 1974, and other applicable laws. The City shall comply with all requirements of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto, with respect to the program within its boundaries, and will provide the County with all records, documents, certifications and from funding activities in or in support of any cooperating units of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certification. All information shall be submitted in the form prescribed by the County. The City agrees to make available upon request all records concerning the program for inspection by County or Federal officials during regular business hours. Pursuant to 24 CFR 570.501(b), the City is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement set forth in 24 CFR 570.503. County as applicant, has the responsibility for ensuring that :CDBG funds are used in accordance with all performance under agreements and procurement contracts, and for taking appropriate action when performance problems arise. Therefore, before disbursing any CDBG funds to City or projects in the City, County will require City, and City agrees to enter into written agreement for each individual project. 7. Program Income. The City shall inform the County of any income generated by the expenditure of CDBG funds received by the City. Any such program income shall be paid to the County or used for eligible CDBG activities after receipt of prior approval by the County. The City shall keep appropriate accounting records regarding any program income and report to the County quarterly, starting with July 31, 1994, so that the County can meet its monitoring and reporting responsibilities to HUD. The foregoing shall apply to program income that is on hand or received subsequent to the close-out of the grant or a change in status of the City relevant to the County's CDBG program. 8. Real Property. The City shall notify the County of any disposition of, or modification or change in the use of any real property acquired or improved with CDBG funds. The City shall reimburse the County 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 the CDBG regulations. Program income generated from the disposition or transfer of property acquired or improved with CDBG funds shall be reported and handled as set forth in Section 7. 9. Indemnification. The City shall defend, save harmless and indemnify the County, its officers, agents and employees from all liabilities and claims for any fines, penalties,bodily injury, death, sickness or damages of any type from any cause whatsoever arising from or connected with the City's failure to comply with any requirement of the Act or the regulations, guidelines, bulletins or circulars which have been and will be issued pursuant thereto or any City activity financed by funds granted hereunder pursuant to the Act. The provisions of this paragraph shall be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the Community Development Block Grant program. 10. Fund Distribution. The County shall distribute funds received under Title 1 of the Act for fiscal years 1994-1995, 1995-1996, 1996-1997 or the twentieth, twenty-first, and twenty-second program years for the undertaking of essential community development and housing assistance activities. The County shall distribute to the City funds received under said Act if essential community development and housing assistance activities are to be undertaken within the territorial limits of the City. The City and County under Section 24 CFR 570.503 of the program regulations are required to enter into a written agreement to implement activities prior to disbursement of any CDBG funds. 11. Effective and Termination Dates. This agreement shall go into effect as of the date shown in Section 1 immediately upon the signature of both parties and shall continue in full force and effect through the twentieth, twenty-first and twenty-second community development program years, or fiscal years 1994-1995, 1995-1996, 1996-1997 covered by the County's Statement of Community Development activities and projected use of funds and so long as the essential community development and housing assistance activities are being undertaken pursuant to this agreement. This agreement will automatically be renewed for participation in successive three-year qualification periods, unless the County or the City provides written notice it elects not to participate in a new qualification period. A copy of the notice must be sent to the HUD Field Office. By the date specified in HUD's urban county qualification notice for the next qualification period, the County will notify the City in writing of its right to make such election. A copy of the County's notification will be sent to the HUD Field Office by the date specified in the urban county qualification notice. Failure by either party to adopt an amendment to the agreement incorporating all changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for a subsequent three-year urban county qualification period, and to submit the amendment to HUD as provided in the urban county qualification notice will void the automatic renewal of such qualification period. This agreement remains in effect until the CDBG and HOME funds and income received with respect to the three-year qualification period (and any successive qualification periods which are automatically renewed) are expended and the funded activities completed, and the County and City may not terminate or withdraw from this agreement while this agreement remains in effect. 12. Subsequent Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary for the preparation of a subsequent Statement of Community Development activities and projected use of funds for the twenty-third, twenty-fourth, and twenty-fifth program years. Should the County desire to qualify as an urban county for subsequent fiscal years, the City shall have the option of choosing whether to continue its participation with the County. 13. City Policies. The City has adopted and is enforcing: A. 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 B. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within jurisdictions. 14. Inclusive Programs. By executing this agreement, the City understands that it: A. May not apply for grants under the Small Cities or State CDBG Programs from appropriations for fiscal years during the period in which it is participating in the County's CDBG program; and B. May not participate in a HOME consortium except through the urban county, regardless of whether the. County receives a HOME formula allocation. 15. Representatives. A. The City designates the Citv Manager or his or her designee as the official to whom all notices and communication from the County concerning any matter discussed herein or relevant to this agreement should be directed. B. The County designates the Director of Community Development or his or her designee as the official to whom all notices and communication from the City concerning any matter discussed here or relevant to this agreement should be directed. 16. Changes in Law or Regulations. Any change or amendment of Federal or State law, or regulations, concerning the subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and fully effective as if set forth herein. COUNTY OF CONTRA COSTA City of Orinda By 'J'�r' Chairman, Board of Supervisors Mayor William J. babel ATTEST: 0ATTEST: PHIL ATCH LOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR By ,, , Deputy Clerk City Thomas C. Sinclai (SEAL) APPROVED AS TO FORM. f orma/)'b/hsg&cd.agr COOPERATION AGREEMENT HOUSING AND COMMUNITY DEVELOPMENT ACT 1974, AS AMENDED COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (COUNTY AND CITY OF DAnyi i i P 1. Parties & Date. Effective on May 18, 1993 the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "County," and the INCORPORATED CITY OF Danville , a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa, hereinafter referred to as "City," mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1974, as amended (hereinafter called "Act"). Title 1 of the Act consolidates previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Title I makes available entitlement grants to (1) cities whose population exceeds 50,000 persons, and (2) counties who qualify as an urban county. The Act's term "urban county" means any county within a metropolitan area which (A) is authorized under State law to undertake essential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B)has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to 'assist in the undertaking of essential community ,development and housing assistance activities. Or, having the potential of reaching the 200,000 level as required above, but achieving a total population of at least 100,000, but less than 200,000 from the unincorporated areas and participating units of government, provided that, in the aggregate, those areas include the majority of persons of low and moderate income that reside in the county, outside of any metropolitan cities therein. Fourteen cities in the County of Contra Costa have a population of less than 50,000. Certain of these same cities may join with the County of Contra Costa to form a combined population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant(CDBG)funds and of HOME Investment Partnership program funds(HOME). The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provisions of this agreement. This Cooperation Agreement covers both the CDBG Entitlement Program and HOME program. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, community renewal and lower income housing activities, specifically urban renewal and publicly assisted housing, hereinafter called "program," in fiscal years 1994-1995, 1995-1996, 1996-1997, or the twentieth, twenty-first and twenty-second program years in compliance with the final statement for ,community development objectives and projected use of funds, as submitted to the Federal Department of Housing and Urban Development (HUD) and as provided in this agreement. The County has the authority to carry our activities funded under this program, including any funded from program income generated from the expenditure of such funds. 4. Activities. Eligible community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated in Title I of the Act and the regulations issued thereto. Appropriate eligible activities will be included in the Statement of Community Development Objectives and Housing Assistance Plan as adopted by the Board of Supervisors pursuant to said Act. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under Title I of the Act. Said obligations and responsibilities include the submission to the Federal Department of Housing& Urban Development(HUD)a Statement of Projected Use Funds, an approved Comprehensive Housing Affordability Strategy and certain assurance or certifications required by the Act and regulations adopted pursuant thereto. 5. Information. The City shall provide the County with all information concerning the City which the County requires to prepare its submissions to HUD and to develop for the County an analysis of needs, setting of objectives, preparation of community development program, plans and budget. All information required by the County shall be submitted in form prescribed by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the documents submitted to HUD. 6. Compliance. The County and the City shall take all actions necessary to assure compliance with the urban county's certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including provisions of Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the Fair Housing Act, Section 109 of Title 1 of the Housing and Community Development Act of 1974, and other applicable laws. The City shall comply with all requirements of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto, with respect to the program within its boundaries, and will provide the County with all records, documents, certifications and from funding activities in or in support of any cooperating units of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certification. All information shall be submitted in the form prescribed by the County. The City agrees to make available upon request all records concerning the program for inspection by County or Federal officials during regular business hours. Pursuant to 24 CFR 570.501(b), the City is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement set forth in 24 CFR 570.503. County as applicant, has the responsibility for ensuring that CDBG funds are used in accordance with all performance under agreements and procurement contracts, and for taking appropriate action when performance problems arise. Therefore, before disbursing any CDBG funds to City or projects in the City, County will require City, and City agrees to enter into written agreement for each individual project. 7. Program Income. The City shall inform the County of any income generated by the expenditure of CDBG funds received by the City. Any such program income shall be paid to the County or used for eligible CDBG activities after receipt of prior approval by the County. The City shall keep appropriate accounting records regarding any program income and report to the County quarterly, starting with July 31, 1994, so that the County can meet its monitoring and reporting responsibilities to HUD. The foregoing shall apply to program income that is on hand or received subsequent to the close-out of the grant or a change in status of the City relevant to the County's CDBG program. 8. Real Property. The City shall notify the County of any disposition of, or modification or change in the use of any real property acquired or improved with CDBG funds. The City shall reimburse the County 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 the CDBG regulations. Program income generated from the disposition or transfer of property acquired or improved with CDBG funds shall be reported and handled as set forth in Section 7. 9. Indemnification. The City shall defend, save harmless and indemnify the County, its officers, agents and employees from all liabilities and claims for any fines, penalties,bodily injury, death, sickness or damages of any type from any cause whatsoever arising from or connected with the City's failure to comply with any requirement of the Act or the regulations, guideiines,'builetins or circulars which have been and will be issued pursuant thereto or any City activity financed by funds granted hereunder pursuant to the Act. The provisions of this paragraph shall be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the Community Development Block Grant program. . 10. Fund Distribution. The County shall distribute funds received under Title 1 of the Act for fiscal years 1994-1995, 1995-1996; 1996-1997 or the twentieth, twenty-first, and twenty-second program years for the undertaking of essential community development and housing assistance activities. The County shall distribute to the City funds received under said Act if essential community development and housing assistance activities are to be undertaken within the territorial limits of the City. The City and County under Section 24 CFR 570.503 of the program regulations are required to enter into a written agreement to implement activities prior to disbursement of any CDBG funds. 11. Effective and Termination Dates. This agreement shall go into.effect as of the date shown in Section 1 immediately upon the signature of both parties and shall continue in full force and effect through the twentieth, twenty-first and twenty-second community development program years, or fiscal years 1994-1995, 1995-1996, 1996-1997 covered by the County's Statement of Community Development activities and projected use of funds and so long as the essential community development and housing assistance activities are being undertaken pursuant to this agreement. This agreement will automatically be renewed for participation in successive three-year qualification periods, unless the County or the City provides written notice it elects not to participate in a new qualification period. A copy of the notice must be sent to the HUD Field Office. By the date specified in HUD's urban county qualification notice for the next qualification period, the County will notify the City in writing of its right to make such election. A copy of the County's notification will be sent to the HUD Field Office by the date specified in the urban county qualification notice. Failure by either party to adopt an amendment to the agreement incorporating all changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for a subsequent three-year urban county qualification period, and to submit the amendment to HUD as provided in the urban county qualification notice will void the automatic renewal of such qualification period. This agreement remains in effect until the CDBG and HOME funds and income received with respect to the three-year qualification period (and any successive qualification periods which are automatically renewed) are expended and the funded activities completed, and the County and City may not terminate or withdraw from this agreement while this agreement remains in effect. 12. Subsequent Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary for the preparation of a subsequent Statement of Community Development activities and projected use of funds for the twenty-third, twenty-fourth, and twenty-fifth program years. Should the County desire to qualify as an urban county for subsequent fiscal years, the City shall have the option of choosing whether to continue its participation with the County. 13. City Policies. The City has adopted and is enforcing: A. 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 B. A policy of enforcing applicable State and'local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within jurisdictions. 14. Inclusive Programs. By executing this agreement, the City understands that it: A. May not apply for grants under the Small Cities or State CDBG Programs from appropriations for fiscal years during the period in which it is participating in the County's CDBG program; and B. May not participate in a HOME consortium except through the urban county, regardless of whether the County receives a HOME formula allocation. 15. Representatives. A. The City designates Joseph A. Calabrigo, Town Manager Or his or her designee as the official to whom all notices and communication from the County concerning any matter discussed herein or relevant to this agreement should be directed. B. The County designates the Director of Community Development or his or her designee as the official to whom all notices and communication from the City concerning any matter discussed here or relevant to this agreement should be directed. 16. Changes in Law or Regulations. Any change or amendment of Federal or State law, or regulations, concerning the subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and fully effective as if set forth herein. COUNTY OF CONTRA COSTA By Chairman, Board of Supervisors M yor ATTEST: 6t,(—k- 3 ATTEST: PHIIOATCHkOR, LERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR By - By Deputy Clerk City Clerk (SEAL) APPROVED AS TO FORM. Formsljb4wg&cd.agr COOPERATION AGREEMENT HOUSING AND COMMUNITY DEVELOPMENT ACT 1974, AS AMENDED COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (COUNTY AND CITY OF Dnnvi 11 P 1 1. Parties & Date. Effective on May 18, 1993 , the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "County," and the INCORPORATED CITY OF Danville , a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa, hereinafter referred to as "City," mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1974, as amended (hereinafter called "Act"). Title 1 of the Act consolidates previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Title 1 makes available entitlement grants to (1) cities whose population exceeds 50,000 persons, and (2) counties who qualify as an urban county. The Act's term "urban county" means any county within a metropolitan area which (A) is authorized under State law to undertake essential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B)has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. Or, having the potential of reaching the 200,000 level as required above, but achieving a total population of at least 100,000, but less than 200,000 from the unincorporated areas and participating units of government, provided that, in the aggregate, those areas include the majority of persons of low and moderate income that reside in the county, outside of any metropolitan cities therein. Fourteen cities in the County of Contra Costa have a population of less than 50,000. Certain of these same cities may join with the County of Contra Costa to form a combined population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant(CDBG)funds and of HOME Investment Partnership program funds(HOME). The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provisions of this agreement. This Cooperation Agreement covers both the CDBG Entitlement Program and HOME program. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, community renewal and lower income housing activities, specifically urban renewal and publicly assisted housing, hereinafter called "program," in fiscal years 1994-1995, 1995-1996, 1996-1997, or the twentieth, twenty-first and twenty-second program years in compliance with the final statement for community development objectives and projected use of funds, as submitted to the Federal Department of Housing and Urban Development (HUD) and as provided in this agreement. The County has the authority to carry our activities funded under this program, including any funded from program income generated from the expenditure of such funds. 4. Activities. Eligible community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated in Title 1 of the Act and the regulations issued thereto. Appropriate eligible activities will be included in the Statement of Community Development Objectives and Housing Assistance Plan as adopted by the Board of Supervisors pursuant to said Act. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under Title 1 of the Act. Said obligations and responsibilities include the submission to the Federal Department of Housing& Urban Development (HUD) a Statement of Projected Use Funds, an approved Comprehensive Housing Affordability Strategy and certain assurance or certifications required by the Act and regulations adopted pursuant thereto. COUNTY OF CONTRA COSTA B Y Chairman, Board of Supervisors M yor ATTEST: dtck3 ATTEST: PHATCHtLOR, LERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR By By Deputy Clerk City Clerk (SEAL) i i I' i ,I i i APPROVED AS TO FORM. I I F-cWjbftg&=d.agr I COOPERATION AGREEMENT HOUSING AND COMMUNITY DEVELOPMENT ACT 1974, AS AMENDED COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (COUNTY AND CITY OF EL CERRITO ) 1. Parties & Date. Effective on , the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "County," and the INCORPORATED CITY OF EL CERRITO , a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa, hereinafter referred to as "City," mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1974, as amended (hereinafter called "Act"). Title 1 of the Act consolidates previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Title 1 makes available entitlement grants to (1) cities whose population exceeds 50,000 persons, and (2) counties who qualify as an urban county. The Act's term "urban county" means any county within a metropolitan area which (A) is authorized under State law to undertake essential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B)has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. Or, having the potential of reaching the 200,000 level as required above, but achieving a total population of at least 100,000, but less than 200,000 from the unincorporated areas and participating units of government, provided that, in the aggregate, those areas include the majority of persons of low and moderate income that reside in the county, outside of any metropolitan cities therein. Fourteen cities in the County of Contra Costa have a population of less than 50,000. Certain of these same cities may join with the County of Contra Costa to form a combined population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant(CDBG)funds and of HOME Investment Partnership program funds(HOME). The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provisions of this agreement. This Cooperation Agreement covers both the CDBG Entitlement Program and HOME program. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, community renewal and lower income housing activities, specifically urban renewal and publicly assisted housing, hereinafter called "program," in fiscal years 1994-1995, 1995-1996, 1996-1997, or the twentieth, twenty-first and twenty-second program years in compliance with the final statement for community development objectives and projected use of funds, as submitted to the Federal Department of Housing and Urban Development (HUD) and as provided in this agreement. The County has the authority to carry our activities funded under this program, including any funded from program income generated from the expenditure of such funds. 4. Activities. Eligible community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated in Title 1 of the Act and the regulations issued thereto. Appropriate eligible activities will be included in the Statement of Community Development Objectives and Housing Assistance Plan as adopted by the Board of Supervisors pursuant to said Act. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under Title 1 of the Act. Said obligations and responsibilities include the submission to the Federal Department of Housing& Urban Development (HUD) a Statement of Projected Use Funds, an approved Comprehensive Housing Affordability Strategy and certain assurance or certifications required by the Act and regulations adopted pursuant thereto. 5. Information. The City shall provide the County with all information concerning the City which the County requires to prepare its submissions to HUD and to develop for the County an analysis of needs, setting of objectives, preparation of community development program, plans and budget. All information required by the County shall be submitted in form prescribes by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the documents submitted to HUD. 6. Compliance. The County and the City shall take all actions necessary to assure compliance with the urban county's certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including provisions of Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the Fair Housing Act, Section 109 of Title 1 of the Housing and Community Development Act of 1974, and other applicable laws. The City shall comply with all requirements of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto, with respect to the program within its boundaries, and will provide the County with all records, documents, certifications and from funding activities in or in support of any cooperating units of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certification. All information shall be submitted in the form prescribed by the County. The City agrees to make available upon request all records concerning the program for inspection by County or Federal officials during regular business hours. Pursuant to 24 CFR -570.501(b), the City is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement set forth in 24 CFR 570.503. County as applicant, has the responsibility for ensuring that CDBG funds are used in accordance with all performance under agreements and procurement contracts, and for taking appropriate action when performance problems arise. Therefore, before disbursing any CDBG funds to City or projects in the City, County will require City, and City agrees to enter into written agreement for each individual project. 7. Program Income. The City shall inform the County of any income generated by the expenditure of CDBG funds received by the City. Any such program income shall be paid to the County or used for eligible CDBG activities after receipt of prior approval by the County. The City shall keep appropriate accounting records regarding any program income and report to the County quarterly, starting with July 31, 1994, so that the County can meet its monitoring and reporting responsibilities to HUD. The foregoing shall apply to program income that is on hand or received subsequent to the close-out of the grant or a change in status of the City relevant to the County's CDBG program. 8. Real Property. The City shall notify the County of any disposition of, or modification or change in the use of any real property acquired or improved with CDBG funds. The City shall reimburse the County 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 the CDBG regulations. Program income generated from the disposition or transfer of property acquired or improved with CDBG funds shall be reported and handled as set forth in Section 7. 9. Indemnification. The City shall defend, save harmless and indemnify the County, its officers, agents and employees from all liabilities and claims for any fines, penalties,bodily injury,death, sickness or damages of any type from any cause whatsoever arising from or connected with the City's failure to comply with any requirement of the Act or the regulations, guidelines, bulletins or circulars which have been and will be issued pursuant .thereto or any City activity financed by funds granted hereunder pursuant to the Act. The provisions of this paragraph shall be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the Community Development Block Grant program. 10. -Fund Distribution. The County shall distribute funds received under Title 1'of the Act for fiscal years 1994-1995, 1995-1996, 1996-1997 or the'twentie'th,twenty-first, and twenty-second program years for the undertaking of essential community development and housing assistance activities. The County shall distribute to the City funds received under said Act if essential community development and housing assistance activities are to be undertaken within the territorial limits of the City. The City and County under Section 24 CFR 570.503 of the program regulations are required to enter into a written agreement to implement activities prior to disbursement of any CDBG funds. 11. Effective and Termination Dates. This agreement shall go into effect as of the date shown in Section 1 immediately upon the signature of both parties and,shall continue in full force and effect through the twentieth, twenty-first and twenty-second community development program years, or fiscal years 1994-1995, 1995-1996, 1996-1997 covered by the County's Statement of Community Development activities and projected use of funds and so long as the essential community development and housing assistance activities are being undertaken pursuant to this agreement. This agreement will automatically be renewed for participation in successive three-year qualification periods, unless the County or the City provides written notice it elects not to participate in a new qualification period. A copy of the notice must be sent to the HUD Field Office. By the date specified in HUD's urban county qualification notice for the next qualification period, the County will notify the City in writing of its right to make such election. A copy of the County's notification will be sent to the HUD Field Office by the date specified in the urban county qualification notice. Failure by either party to adopt an amendment to the agreement incorporating all changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for a subsequent three-year urban county qualification period, and to submit the amendment to HUD as provided in the urban county qualification notice will void the automatic renewal of such qualification period. This agreement remains in effect until the CDBG and HOME funds and income received with respect to the three-year qualification period (and any successive qualification periods which are automatically renewed) are expended and the funded activities completed, and the County and City may not terminate or withdraw from this agreement while this agreement remains in effect. 12. Subsequent Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary for the preparation of a subsequent Statement of Community Development activities and projected use of funds for the twenty-third, twenty-fourth, and twenty-fifth program years. Should the County desire to qualify as an urban county for subsequent fiscal years, the City shall have the option of choosing whether to continue its participation with the County. 13. City Policies. The City has adopted and is enforcing: A. 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 B. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within jurisdictions. 14. Inclusive Programs. By executing this agreement, the City understands that it: A. May not apply for grants under the Small Cities or State CDBG Programs from appropriations for fiscal years during the period in which it is participating in the County's CDBG program; and B. May not participate in a HOME consortium except through the urban county, regardless of whether the County receives a HOME formula allocation. 15. Representatives. A. The City designates Patrick D. O'Keeffe or his or her designee as the official to whom all notices and communication from the County concerning any matter discussed herein or relevant to this agreement should be directed. B. The County designates the Director of Community Development or his or her designee as the official to whom all notices and communication from the City concerning any matter discussed here or relevant to this agreement should be directed. 16. Changes in Law or Regulations. Any change or amendment of Federal or State law, or regulations, concerning the subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and fully effective as if set forth herein. CITY OF EL CERRITO B y Chairman, Board of Supervisors Mayor. ATTEST: l 9/ ATTEST: PHIL B CHEZ R, CL RK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR By By X—�-NL Deputy Clerk ity Clerk (SEAL) APPROVED AS TO FORM. Form./jb/hsg&cdagr COOPERATION AGREEMENT - HOUSING AND COMMUNITY DEVELOPMENT ACT 1974, AS AMENF'DED COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - (COUNTY AND CITY OF SAN RAMON ) ' 1. Parties & Date. Effective on , the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "County," and the INCORPORATED CITY OF SAN RAMON , a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa, hereinafter referred to as "City," mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1974, as amended (hereinafter called "Act"). Title 1 of the Act consolidates previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Title 1 makes available entitlement grants to (1) cities whose population exceeds 50,000 persons, and (2) counties who qualify as an urban county. The Act's term "urban county" means any county within a metropolitan area which (A) is authorized under State law to undertake essential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B)has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. Or, having the potential of reaching the 200,000 level as required above, but achieving a total population of at least 100,000, but less than 200,000 from the unincorporated areas and participating units of government, provided that, in the aggregate, those areas include the majority of persons of low and moderate income that reside in the county, outside of any metropolitan cities therein. Fourteen cities in the County of Contra Costa have a population of less than 50,000. Certain of these same cities may join with the County of Contra Costa to form a combined population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant(CDBG)funds and of HOME Investment Partnership program funds (HOME). The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County, and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provisions of this agreement. This Cooperation Agreement covers both the CDBG Entitlement Program and HOME program. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, community renewal and lower income housing activities, specifically urban renewal and publicly assisted housing, hereinafter called "program," in fiscal years 1994-1995, 1995-1996, 1996-1997, or the twentieth, twenty-first and twenty-second program years in compliance with the final statement for community development objectives and projected use of funds, as submitted to the Federal Department of Housing and Urban Development (HUD) and as provided in this agreement. The County has the authority to carry our activities funded under this program, including any funded from program income generated from the expenditure of such funds. 4. Activities. Eligible community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated in Title 1 of the Act and the regulations issued thereto. Appropriate eligible activities will be included in the Statement of Community Development Objectives and Housing Assistance Plan as adopted by the Board of Supervisors pursuant to said Act. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under Title 1 of the Act. Said obligations and responsibilities include the submission to the Federal Department of Housing& Urban Development (HUD) a Statement of Projected Use Funds, an approved Comprehensive Housing Affordability Strategy and certain assurance or certifications required by the Act and regulations adopted pursuant thereto. 5. Information. The City shall provide the County with all information concerning the City which the County requires to 'prepare its submissions to HUD and to develop for the County an analvsis of needs, setting of objectives. preparation of community development program. plans and budget. All information required by the County shall be submitted in form prescribed by the CountY­no later'than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the documents submitted to HUD. 6. Compliance. The County and the City shall take all actions necessary to assure compliance with the urban county's certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including provisions of Title VI of the Civil Rights Act of 1964, Title V111 of the Civil Rights Act of 1968, the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws. The City shall comply with all requirements of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto, with respect to the program within its boundaries, and will provide the County with all records, documents, certifications and from funding activities in or in support of any cooperating units of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certification. All information shall be submitted in the form prescribed by the County. The City agrees to make available upon request all records concerning the program for inspection by County or Federal officials during regular business hours. Pursuant to 24 CFR 570.501(b), the City is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement set forth in 24 CFR 570.503. County as applicant; has the responsibility for ensuring that CDBG funds are used in accordance with all performance under agreements and procurement contracts, and for taking appropriate action when performance problems arise. Therefore, before disbursing any CDBG funds to City or projects in the City, County will require City, and City agrees to enter into written agreement for each individual project. 7. Program Income. The City shall inform the County of any income generated by the expenditure of CDBG funds received by the City. Any such program income shall be paid to the County or used for el'igible CDBG activities after receipt of prior approval by the County. The City shall keep appropriate accounting records regarding any program income and report to the County quarterly, starting with July 31, 1994, so that the County can meet its monitoring and reporting responsibilities to HUD. The foregoing shall apply to program income that is on hand or received subsequent to the close-out of the grant or a change in status of the City relevant to the County's CDBG program. 8. Real Property. The City shall notify the County of any disposition of, or modification or change in the use of any real property acquired or improved with CDBG funds. The City shall reimburse the County 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 the CDBG regulations. Program income generated from-the disposition or transfer of property acquired or improved with CDBG funds shall be reported and handled as set forth in Section 7. 9. Indemnification. The City shall defend, save harmless and indemnify the County, its officers, agents and employees from all liabilities and claims for any fines, penalties,bodily injury, death, sickness or damages of any type from any cause whatsoever arising from or connected with the City's failure to comply with any requirement of the Act or the regulations, guidelines, bulletins or circulars which have been and will be issued pursuant thereto or any City activity financed by funds granted hereunder pursuant to the Act. The provisions of this paragraph shall be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the Community Development Block Grant program. 10. Fund Distribution. The County shall distribute funds received under Title I of the Act for fiscal years 1994-1995, 1995-1996, 1996-1997 or the twentieth, twenty-first, and twenty-second program years for the undertaking'of essential community development and housing assistance activities. The County shall distribute to the City funds received under said Act if essential community development and housing assistance"activities are to be undertaken within the territorial limits of the City. The City and County under Section 24 CFR 570.503 of the program regulations are required to enter into a written agreement to implement activities prior to disbursement of any CDBG funds. 11. Effective and Termination Dates. This agreement shall go into effect as of the date shown in Section 1 immediately upon the signature of both parties and shall continue in full force and effect through rho tw-nTieth_ tv..,enty-first and twenty-second community development program years, or fiscal years 1994-1995, 1995-1996, 1996-1997 covered by the County's Statement of Community Development activities and projected use of funds and so long as the essential community development and housing assistance activities are being undertaken pursuant to this agreement. This agreement will automatically be renewed for participation in successive three-year qualification periods, unless the County or the City provides written notice it elects not to participate in a new qualification period. A copy of the notice must be sent to the HUD Field Office. By the date specified in HUD's urban county qualification notice for the next qualification period, the County will notify the City in writing of its right to make such election. A copy of the County's notification will be sent to the HUD Field Office by the date specified in the urban county qualification notice. Failure by either party to adopt an amendment to the agreement incorporating all changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for a subsequent three-year urban county qualification period, and to submit the amendment to HUD as provided in the urban county qualification notice will void the automatic renewal of such qualification period. This agreement remains in effect until the CDBG and HOME funds and income received with respect to the three-year qualification period (and any successive qualification periods which are automatically renewed) are expended and the funded activities completed, and the County and City may not terminate or withdraw from this agreement while this agreement remains in effect. 12. Subsequent Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary for the preparation of a subsequent Statement of Community Development activities and projected use of funds for the twenty-third, twenty-fourth, and twenty-fifth program years. Should the County desire to qualify as an urban county for subsequent fiscal years, the City shall have the option of choosing whether to continue its participation with the County. 13. City Policies. The City has adopted and is enforcing: A. 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 B. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within jurisdictions. 14. Inclusive Programs. By executing this agreement, the City understands that it: A. May not apply for grants under the.Small Cities or State CDBG Programs from appropriations for fiscal years during the period in which it is participating in the County's CDBG program; and B. May not participate in a HOME consortium except through the urban county, regardless of whether the County receives a HOME formula allocation. 15. Representatives. A. The City designates Herb Moniz, City Manager or his or her designee as the official to whom all notices and communication from the County concerning any matter discussed herein or relevant to this agreement should be directed. B. The County designates the Director of Community Development or his or her designee as the official to whom all notices and communication from the City concerning any matter discussed here or relevant to this agreement should be directed. 16. Changes in law or Regulations. Any change or amendment of Federal or State law, or regulations, concerning the subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and fully effective as if set forth herein. COUNTY OF CONTRA COSTA CITY OF SAN RAMON By /fir, Chairman, Board of Supervisors Mayor , Patricia Boom ATTEST: �� ATTEST: PHIL B CHET R, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR By By Deputy Clerk City rk , jU4 Macfarlane (SEAL) r--ApPH0VEA4,S TO FO B riYA on D. Athan APPROVED AS TO FORM. Formdjblh&g&cd.agr