CC Resolution 13040 - Amendment to JPA with County forTitle 1RESOLUTION NO. 13040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
APPROVING AN AMENDMENT TO THE JOINT EXERCISE OF POWERS
AGREEMENT AND COOPERATION AGREEMENT (JPA) WITH THE COUNTY OF
SANTA CLARA AS WELL AS SUBSEQUENT AMENDMENTS TO THE JPA TO
SATISFY HUD REQUIREMENTS OR COMPLY WITH STATE AND/OR FEDERAL
LAW; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT
AND NECESSARY SUBSEQUENT AMENDMENTS.
WHEREAS, since 1974, the City of Campbell has participated in the Community
Development Block Grant (CDBG) Program, in partnership with the County of Santa
Clara, as part of the "Urban County"; and
WHEREAS, Campbell is not eligible to directly apply for CDBG funds because the City's
population is under the 50,000-population threshold; and
WHEREAS, Campbell can still receive CDBG funding by entering into a Joint Exercise of
Powers Agreement (JPA) with the County; and
WHEREAS, on July 18, 2017, the City Council authorized the City Manager to enter into
a "Joint Exercise of Powers Agreement and Cooperation Agreement" with the County of
Santa Clara for participation in the CBDG program; and
WHEREAS, on July 25, 2017, the City Manager executed the JPA with the County of
Santa Clara; and
WHEREAS, the JPA included a clause allowing for automatic renewals, for three-year
periods to coincide with the County's requalification as an Urban County with the U.S.
Department of Housing and Urban Development (HUD), so that the JPA remains current;
and
WHEREAS, an Amendment to the JPA is required by HUD for participation by Santa
Clara County in the CDBG Program for Fiscal Years (FYs) 2024-2026; and
WHEREAS, the Amendment results in the removal and replacement of Section 10 of the
JPA to incorporate revised language required by HUD pertaining to fair housing and civil
rights obligations; and
WHEREAS, by approving the proposed Amendment to the JPA, the City would be eligible
for continued participation in the CDBG program to pursue capital improvement pool
funds; and
WHEREAS, the City Council desires to stay part of the JPA with the County of Santa
Clara to receive CBDG funding and comply with applicable federal and state laws;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell
hereby approves an Amendment to the existing Joint Exercise of Powers Agreement with
the County of Santa Clara to undertake or assist in the undertaking of activities pursuant
to Title I of the Housing and Community Development Act as set forth in Attachment B of
City Council Resolution 13040 Page 2 of 2
Joint Exercise of Powers Agreement and Cooperation Agreement (PLN-2023-138)
the September 5, 2023 City Council staff report, as well as subsequent necessary
Amendments to the Joint Exercise of Powers Agreement to satisfy HUD requirements or
comply with state and/or federal law; and authorizes the City Manager to execute the
Amendment and subsequent amendments to comply with HUD requirements and state
and federal law.
PASSED AND ADOPTED this 5t" day of September, 2023, by the following roll call vote:
AYES: Councilmembers: Lopez, Scozzola, Furtado, Landry, Bybee
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
APPRO D:
Anne Bybee, Mayor
ATTEST:
6*(, "a44 &Ijao
Andrea Sanders(/y
Clerk
AMENDMENT No. 1 to JOINT EXERCISE POWERS AGREEMENT AND
COOPERATION AGREEMENT TO UNDERTAKE OR TO ASSIST IN THE UNDERTAKING OF ESSENTIAL
ACTIVITIES PURUSANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS
AMENDED, FOR THE PERIOD OF OCTOBER 1, 2017 TO SEPTEMBER 30, 2020 AND SUBSEQUENT
AUTOMATIC RENEWALS UNLESS TERMINATED
This Amendment No.1 is entered into by and between the County of Santa Clara ("County") and the
City of Campbell ("City") as of August 22, 2023 (the "Effective Date") in, order to amend that certain
above referenced Joint Exercise of Powers Agreement and Cooperation Agreement dated July 25, 2017
(the "Agreement").
The County and the City hereby agree that Section 10 of the Agreement is amended by deleting the
entirety of Section 10 in the original Agreement and replacing it with the following:
10. Compliance with Legislation and Regulations.
City and County agree, pursuant to 24 CFR 570.501(b) that cities are subject to the same
requirements applicable to subrecipients, including the requirement of a written agreement
between the County and the City specific to the proposed Proposal as set forth in 24 CFR 570.503.
City understands and agrees that should it fail to comply with such requirements or with the terms
of this Agreement, that funds which may be allocated to City during the term of this Agreement
may be terminated or reduced or otherwise limited in accordance with the Urban County Program
and Regulations.
City and County agree to undertake, or assist in the undertaking, community renewal and lower -
income housing assistance activities.
County and City shall comply with all applicable requirements of the Urban County Program and
associated regulations, in utilizing grant funds under legislation that created and govern these
grants, and shall take all actions necessary to assure compliance with the urban county's
certification under section 104(b) of Title I of the Housing and Community Development Act of
1974, that the grant will be conducted and administered in conformity with Title VI of the Civil
Rights Act of 1964, and the implementing regulations at 24 CFR part 1, and the Fair Housing Act,
and the implementing regulations at 24 CFR part 100, and will affirmatively further fair housing.
(See 24 CFR § 91.225(a) and Affirmatively Furthering Fair Housing Definitions and Certifications
(86 FR 30779, June 10, 2021), to be codified at 24 CFR 5.151 and 5.152, available at
https://www,federalregister.gov/docu ments/2021/06/10/2021-12114/restoring-
affirmativelyfurthering-fair-housing-definitions-and-certifications.) County and City shall comply
with section 109 of Title I of the Housing and Community Development Act of 1974, and the
implementing regulations at 24 CFR part 6, which incorporates Section 504 of the Rehabilitation
Act of 1973, and the implementing regulations at 24 CFR part 8, Title II of the Americans with
Disabilities Act, and the implementing regulations at 28 CFR part 35, the Age Discrimination Act
of 1975, and the implementing regulation at 24 CFR part 146, and Section 3 of the Housing and
Urban Development Act of 1968. The County and City shall comply with all other applicable laws.
The City agrees that use of Urban County Program funding for activities in or in support of City is
prohibited if City does not affirmatively further fair housing within its own jurisdiction as defined
by Federal law or impedes County actions to comply with its fair housing certification included
with the Annual Action Plan. If requested, the City shall execute assurances and certifications in
HUD 424-B to demonstrate how it complies with the fair housing requirement.
Furthermore, City hereby covenants by and for itself, its successors and assigns, and all persons
claiming under or through it that there shall be no discrimination against or segregation of any
person or group of persons on account of race, color, religion, sex, marital status, familial status,
disability, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure,
or enjoyment of any project funded by Urban County Program funds, nor shall City .itself or any
person claiming under or through it, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number use or occupancy
of tenants, lessees, subtenants, sublessees, or vendees in any project funded as a result of this
Agreement.
The City hereby covenants has adopted and is enforcing a policy prohibiting the use of excessive
force by law enforcement agencies within its jurisdiction against any individual engaged in non-
violent civil rights demonstrations. Furthermore, the City has adopted and is enforcing 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 such
jurisdictions.
Except as herein modified, all other provisions of the Agreement, including any subsequent amendments
thereto, shall remain in full force and effect.
This amendment may be executed in any number of counterparts, and all of such counterparts so
executed togethershall be deemed to constitute one and the same agreement, and each such counterpart
shall be deemed to be an original provided all of the parties have fully executed this amendment. Unless
otherwise prohibited by law or County policy, the parties agree that an electronic copy of this amendment,
or an electronically signed amendment, has the same force and legal effect as the amendment executed
with an original ink signature. The term "electronic copy of this amendment" refers to a transmission by
facsimile, electronic mail, or other electronic means of a copy of the original signed amendment in a
portable document format. The term "electronically signed amendment" means the amendment that is
executed by applying an electronic signature using technology approved by the County.
[Signatures Continue on Following Page]
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IN WITNESS THEREOF, the parties have by their duty authorized representatives executed this
Amendment effective as of the Effective Date.
CITY OF CAMPBELL
By:
Brian Loventhal
City Manager
Date:
Attest:
Andrea Sanders
City Clerk
Approved as to form:
By:
William Seligman
City Attorney
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COUNTY OF SANTA CLARA
By:
James R. Williams
County Executive
Date:
Approved as to form and legality:
By:
Karen Willis
Deputy County Counsel