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HomeMy WebLinkAboutSanta Clara County - Joint Exercise of Powers Agreement for the South County Implementation ProgramJOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF GILROY, THE CITY OF MORGAN HILL, THE GILROY UNIFIED SCHOOL DISTRICT, THE MORGAN HILL UNIFIED SCHOOL DISTRICT, THE SANTA CLARA COUNTY OFFICE OF EDUCATION, AND THE COUNTY OF SANTA CLARA FOR THE SOUTH COUNTY IMPLEMENTATION PROGRAM. THIS AGREEMENT, made and entered into this .`3,j day of 1973, by and between the CITY OF GILROY, a municipal corporation of the State of California, hereinafter referred to as "Gilroy1 °; the CITY OF MORGAN HILL, a municipal corporation of the State of California, hereinafter referred to as "Morgan Hill "; the GILROY UNIFIED SCHOOL DISTRICT, hereinafter referred to as 11Gilroy Schools "; the MORGAN HILL UNIFIED SCHOOL DISTRICT, hereinafter referred to as "Morgan Hill Schools "; the SANTA CLARA COUNTY OFFICE OF EDUCATION, hereinafter referred to as "County Education "; and the COUNTY OF SANTA CLARA, hereinafter referred to as "County "; hereinafter collectively referred to as "Project Participants "; W I T N E S S E T H• RECITALS: A. ASSOCIATION OF BAY AREA GOVERNMENTS, hereinafter referred to as "ABAG ", has executed, on behalf of all Project Participants, a Comprehensive Planning Assistance with the State of California, under California Government Code Section 34200, et se q., for funding to implement that certain project entitled "South Santa Clara County Implementation Program, a copy _f said agreement being on file in the office of the Executive Director of ABAG, Berkeley, CA 94705, said copy being hereby referred to for full particulars respecting its contents. The parties hereto now desire to provide for imple- mentation, performance and carrying out said project. NOW, THEREFORE, for and in consideration of their mutual promises and agreement herein contained, Project Participants hereby agree as follows: so Section 1. Authority for Agreement . This agreement is made pursuant to Chapter 5 of Division 7 of Title I of the Government Code of the State of California (Section 6500 et seg.) and relates to the exercise of powers common to the Project Participants. The Project Participants are each empowered by the laws of the the State of California to plan, implement, carry out and pay for said project in their respective jurisdictions. This common power will be jointly exercised as hereinafter set forth. Section 2. Purpose of Project . The purpose of the project entitled ''South Santa Clara County Implementation Program'' (hereinafter called ''Project '') is the staging of urban growth and maintenance of long term and permanent open space by developing an intergovernmental mechanism with the cooperation and participation of the Cities of Gilroy and Morgan Hill, the Gilroy and Morgan Hill Unified School Districts, the Santa Clara County Office of Education, and the County of Santa Clara. The plan being developed by the South County Implementation Program will identify in a general fashion those areas most likely to be urban- ized in the next 5, 15, and 20 years and the public facilities and services generally needed by present and projected population in the area. The policies and general concepts adopted by the South County Planning Committee will provide the basis for the Implementation Program. Section 3. Purpose of Agreement: The purpose of this agreement is to implement, carry out and pay for the establishment and maintenance of the Project within the juris- diction of each Project Participant. Section 4. Ratification and Future Authorization Project Participants ratify the signing of said grant agreement with the State of California, granting $19,975.00 for said Project, on behalf of Project Participants, for a term commencing on July 1,1973 -2- and terminating on June 30, 1974. If the Project Participants agree, ABAG may execute on behalf of all the Project Participants, a new renewal of said grant agreement with State of California to carry out said Project for the period commencing July 1, 1974 and terminating June 30, 1975• ABAG may extend the present grant period for a maximum of three months in order to insure completion of the project. No additional monies will be needed for this extension unless the Project Participants agree. Section 5. Designation of Gilroy to Administer. Gilroy is hereby authorized to administer this agreement on behalf of the parties to this agreement in accordance with the provisions of this agreement and that certain grant agreement between ABAG and the State of California, Council on Intergovernmental Relations entitled ''Comprehensive Planning Assistance,'' which is on file in the Office of the Executive Director of ABAG and by this reference is incorporated herein as if fully set forth herein. Gilroy shall purchase all equipment, materials and supplies necessary for the operation of the Project and shall provide the personnel necessary to carry out the Project in accordance with the applicable laws of Gilroy. Section 6. Duration and Termination of Powers This agreement shall become effective as of the date it has been executed by all the parties hereto and shall continue in full force and effect until June 30, 1974, except as otherwise provided herein. The Project Participants may authorize ABAG to renew the grant agreement for said project, referred to in Section 4 hereof, for an additional one -year term, commencing on July 1, 1974, and ending on June 30, 1975. Gilroy shall continue to exercise the powers herein conferred upon it until the termination of this agreement, or until Project Participants shall have all mutually terminated this agreement. -3- Section 7. Powers. Gilroy shall have the following powers: (a) To implement, perform and carry out said Project in the manner provided for in the heretofore described grant agreement, and do all things required of Project Participants by said agreement. (b) To apply for and receive amounts of money from the State of California for the purpose of implementing and carrying out said Project, and to receive, expend and disburse all funds contributed to Project from whatever source and to receive and distribute personnel, equipment and property for the Project. (c) To do all acts necessary for the exercise of the powers hereinabove specified in this Section 7 for the purposes hereinabove specified, including but not limited to, any or all of the following: to make and enter into contracts; to employ agents and employees, to acquire, construct, manage, maintain, operate, hold or dispose of property; to incur debts, liabilities or obligations which do not constitute a debt, liability or obligation of said Cities, Districts and County or of any said Cities, Districts or County; and to sue and be sued in its own name. Such power shall be exercised subject too (1) such restrictions upon the manner of exercising such powers as are imposed upon Gilroy in its exercise of similar powers, as provided in, and for the purpose of, Section 6509 of the Government Code of the State of California; (2) such restrictions as are set forth in this agreement; (3) such restrictions as may be set forth in the heretofore described grant agreement which ABAG entered into with the State of California for moneys with which to finance said Project. Section S. Treasurer. The Director of Finance of the City of Gilroy shall be the depository and have custody of all the moneys received by Gilroy on behalf of all Project Participants from the State of California for implementation and operation of said Project. Said Director shall-. -4- (a) Receive and receipt for all said money from the State of California and place it in the Treasury of the City of Gilroy. (b) Be responsible upon his official bond for safekeeping and disbursement of all said money so held by him; (c) Pay, when due, out of said money so held by him, all sums due from Gilroy for said Project and under the terms of this agreement, only upon warrants of or checks issued by said Director; (d) Verify and report in writing on the first day of July, October, January and April of each year to the Project Participants the amount of said money he holds on behalf of all Project Participants, the amount of receipts since his last report, and the amount paid out since his last report. Section 9. Auditor. The Director of Finance of the City of Gilroy shall perform all functions of auditor or controller, and he shall: (a) Draw warrants or checks to pay demands for said Project; (b) Establish such funds and accounts as may be required by good accounting practice; (c) Contract with a certified public accountant to make an annual audit of the accounts anet 1.ecords kept by Gilroy with respect to said moneys. The minimum requirements of such audit shall be those prescribed by the State Controller of the State of California for special districts under Section 26909 of the Government Code, and shall conform to generally accepted auditing standards. A report of such audit shall be filed as public records with each of the Cities and also with the County Auditor of the County of Santa Clara. Such report shall be filed within twelve (12) months of the end of the fiscal year under examination. All costs of the audit, including contracts with, or employment of, certified public accountants, in making an audit pursuant to this Section shall be borne by Gilroy. -5- Section 10. Property Custodian. The Director of Public Works of the City of Gilroy shall have care and custody of all property delivered to Gilroy, pursuant to this agreement, in connection with said Project, until said property is delivered to another Project Participant, at which time one of its representatives on The South County Implementation Program Committee, hereinafter referred to in Section 13, shall be custodian for said property so delivered. The custodian of any said property shall keep adequate and complete records of all said property in his custody and shall be responsible for its safekeeping and protection. Section 11. Contribution of Funds, Services, Equipment and Other Property. The Project Participants shall make the following contributions to the project in the aggregate amount of $23,000.00: Gilroy: $2,500.00 cash and $3,000.00 of in -kind services con- sisting of administration and coordination of the program, office supplies and reproduction and staff resources. Morgan Hill: $2,500.00 cash and $3,000.00 of in -kind services consisting of office space and utilities, office supplies and re- production and staff resources. Gilroy Schools: $1,000.00 cash. Morgan Hill Schools: $1,000.00 cash and $1,000.00 of in -kind services consisting of staff resources. County Education: $1,000.00 cash. County: $2,500.00 cash and up to $5,500.00 of in -kind services including staff resources and material necessary to complete the South County Planning Study, technical services and other staff re- sources. Section 12. Disposition of Property. Subject to the provisions of the above - mentioned grant agreement, upon termination of this agreement, all property of the Project shall -6- belong to and be distributed a._-iong Project Participants in a manner determined by the City of Gilroy and approved by the State Section 13. The South County Implementation Program Committee. Each Project Participant shall appoint representatives to a committee composed of all Project Participants which shall be called The South County Implementation Program Committee. The man -hours of attendance at said committee meeting shall not be considered as a contribution of in -kind services under Section 11. Said committee shall meet at least monthly during the term of the Project for the purpose of coordinating Project activities and aiding in the develop- ment of programs for implementation. Representation shall be as follows: Gilroy, Morgan Hill and the County, three representatives each, of which one each should be a Councilman or Supervisor and one each should be from the general public; Gilroy Schools, Morgan Hill Schools and County Education, a total of two representatives chosen by the three Participants. IN WITNESS WHEREOF, the parties hereto have caused this agree- ment to be executed and attested by their proper officers thereunto duly authorized, and their official seals to be hereto affixed, as of the day and year first above written. ED AS TO F City Attorney APPROVED AS TO FORM: City Attorney Executed on 1973, b f CITY OF GILROY, a municipal corporation By Mayor "Gilroy" -7- Executed on C,_- `J 1973, b CITY OF MORGAN HILL, a municipal corporation By Mayor ` 'Morgan Hill'' APPROVED AS TO FORM: Asst/Deputy6,County Counsel Executed on , 1973 by GILROY UNIFIED SCHOOL DISTRICT Superintendent "Gilroy Schools" Executed on 1973 by MORGAN HILL UNIFIED SCHOOL DISTRICT By Superintendent "Morgan Hill Schools" Executed on (--) Cu-' 1 `1 , 1973, by SANTA CLARA COUNTY OFFICE OF EDUCATION Y.,, Superinten "County Ed Lion" Executed on 4z 1973, by COUNTY OF SANTA CLARA, a political subdivision of the State of California B d' y ounty "Execut've "County"