HomeMy WebLinkAboutCounty of Santa Clara JT. Powers Amendment1
AMENDMENT No. 1 to JOINT EXERCISE POWERS AGREEMENT AND
COOPERATION AGREEMENT TO UNDERTAKE OR TO ASSIST IN THE UNDERTAKING OF ESSENTIAL
ACTIVITIES PURSUANT 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
Town of Los Altos Hills (“City”) as of September 22, 2023 (the “Effec�ve Date”) in order to amend that
certain above referenced Joint Exercise of Powers Agreement and Coopera�on Agreement dated July
20, 2017 (the “Agreement”).
The County and the City hereby agree that Sec�on 10 of the Agreement is amended by dele�ng the
en�rety of Sec�on 10 in the original Agreement and replacing it with the following:
10. Compliance with Legisla�on and Regula�ons.
City and County agree, pursuant to 24 CFR 570.501(b) that ci�es are subject to the same
requirements applicable to subrecipients, including the requirement of a writen 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 Regula�ons.
City and County agree to undertake, or assist in the undertaking, community renewal and lower-
income housing assistance ac�vi�es.
County and City shall comply with all applicable requirements of the Urban County Program and
associated regula�ons, in u�lizing grant funds under legisla�on that created and govern these
grants, and shall take all ac�ons necessary to assure compliance with the urban county's
cer�fica�on under sec�on 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 implemen�ng regula�ons at 24 CFR part 1, and the Fair Housing Act,
and the implemen�ng regula�ons at 24 CFR part 100, and will affirma�vely further fair housing.
(See 24 CFR § 91.225(a) and Affirma�vely Furthering Fair Housing Defini�ons and Cer�fica�ons
(86 FR 30779, June 10, 2021), to be codified at 24 CFR 5.151 and 5.152, available at
htps://www.federalregister.gov/documents/2021/06/10/2021-12114/restoring-
affirma�velyfurthering-fair-housing-defini�ons-and-cer�fica�ons.) County and City shall comply
with sec�on 109 of Title I of the Housing and Community Development Act of 1974, and the
implemen�ng regula�ons at 24 CFR part 6, which incorporates Sec�on 504 of the Rehabilita�on
Act of 1973, and the implemen�ng regula�ons at 24 CFR part 8, Title II of the Americans with
Disabili�es Act, and the implemen�ng regula�ons at 28 CFR part 35, the Age Discrimina�on Act
of 1975, and the implemen�ng regula�on at 24 CFR part 146, and Sec�on 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 ac�vi�es in or in support of City is
prohibited if City does not affirma�vely further fair housing within its own jurisdic�on as defined
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by Federal law or impedes County ac�ons to comply with its fair housing cer�fica�on included
with the Annual Ac�on Plan. If requested, the City shall execute assurances and cer�fica�ons 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 discrimina�on against or segrega�on of any
person or group of persons on account of race, color, religion, sex, marital status, familial status,
disability, na�onal 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 prac�ce or prac�ces of
discrimina�on or segrega�on with reference to the selec�on, loca�on, 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 prohibi�ng the use of excessive
force by law enforcement agencies within its jurisdic�on against any individual engaged in non-
violent civil rights demonstra�ons. 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 loca�on which is the subject of such non-violent civil rights demonstra�ons within such
jurisdic�ons.
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 together shall be deemed to cons�tute one and the same agreement, and each such counterpart
shall be deemed to be an original provided all of the par�es have fully executed this amendment. Unless
otherwise prohibited by law or County policy, the par�es 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 Con�nue on Following Page]
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IN WITNESS THEREOF, the par�es have by their duty authorized representa�ves executed this
Amendment effec�ve as of the Effec�ve Date.
TOWN OF LOS ALTOS HILLS COUNTY OF SANTA CLARA
By: _______________________ By: _______________________
Peter Pirnejad Consuelo Hernandez
City Manager Director, Office of Suppor�ve Housing
Date: _____________________ Date: _____________________
Atest: _____________________
Deborah Padovan
City Clerk
Approved as to form: Approved as to form and legality:
By: _______________________ By: _______________________
Steve Matas Karen Willis
City Atorney Deputy County Counsel
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10/24/2023 10/25/2023