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HomeMy WebLinkAboutReso - CC - 033-1975Re,5.a3-yJ FIErION-1) nbffr'J TM COOL'Ii;RATI�.C'ita AC'�F;IJ3b4!�N'I' `.CHI; AGREEMENT, eriLerrd into this 7.5th day of May, 1975, bet,aeen the COUP] Y OF SAN W"J.110, a political subdivi sioii of the ,fate of Ca1.i.forn_i ia, litre: nai er ref cured to " Conr.i,,; , and the CITY OF Burlingame , a C:1, Incorpor<.ted city within the County of So.n I<Iatco, hoi•:: in ;ft;er referred to as "City", W I T Id E S S E T II WHEREAS, the Housing and Comi:iunity Development Act of 19711, Public I,aw 93-383, enacted Au'ust 22, 197h, here i.nafter referred to as "Act", provides for the distribtation of federal funds through the process of community development block grants to eligible public entities; and IAIP h:K N:U `;; T;nosca puot:lr eTf :7.1::L P.S whiCR b.i'e e1 iR-LU1A7 �.0 receive said funds are cities witti a population in excess of $50,000, "hold harmless" public entities, and urban ccunties; and. WHEREAS, public entities that do not otherwise come within the definition of an eligible public agency may cooperate and participate with an eligible public entity such as an urban county; and tidIIEP,iAti, the County of San Matco intends to qualify as an urban county under the Act and solicits the cooperation and co -participation of public entities such as City in its applica- tion fnr federal assistance under the Act; and WHEREAS, City, having a population of .less than 50,000 desires to cooperate and co -participate with County in this venture; and whir Ab, a c;coperazion Agreement oyand oei,ween i.ii.y and County establishes the formal relationship to cooperate and co -participate and is specifically authorized under the provisions - 1 - DA:JAA:cr 4/28/75 of Government code Sections 6502 and 26227, and 1,1I EREAS, on Jan.un.ry 27 , 1975, County and City entered Into a "Coop E'rat'1..0 C1 Af,,reeel ent", referenco to Vlhleh is h<:reb,y rt!'.:ic for further parti.cul^.rs, for the purpose of en.abl.n?; C.1.tY to particil>atr: �T-11-. i County in hrntsing and community deve,"Lopnoi-it activiti-c^ for f:L aca,l year 19'75-19'76 and beyond-, and WHEREAS, pa.ra[T .ria "3" of said agreement states the under standing of the parties the t said agreement would- be amended in future to more specifically set forLh the duties and responsib:11.1-it:i.es of both parties; and WHERF]AS, County is in receipt of cenununicati-ons i'ram th( United States Department of housing and Urban Development, her. einafte'r referred to as "IILID", with regard to the requisites which must be included. in said Cooperation Agreement and which further sta: --d that, the same must be completed and submitted by NOW3 THEREFORE, IN CONSIDERATION OF THE FOREGOING, the aforementioned Cooperation Agreement is hereby amended and superseded to read as follows: 1. Purpose. This agreement is for the purpose of enabling the County and the City to cooperate in undertaking, or assisting in undertaking, essential community development and hnusi.ng assistance activities, specifically urban renewal and publicly assisted housing. 2. Term. The term of this agreement shall be for the program year covered by the fiscal year 1975 application for federal assistance under the act, and may be extended for periods of one or more program years subject to the provisions of the Act as it currently exists or may subsequently be '----�-�- - -.i- 4 _ -t -L LL.nP VT TT) and subject to the mutual agreement of the parties with regard to the content of future plan applications by County. - 2 - 3. FundU City acknowledges that County, as app:J i carit, has submitted to HIID the Ian Mateo County IIousi.ng and Co:±lmunity Devel.oprnent Act Plan, hcrci_na.fter referred to as Pl.an.' , a copy of which is attached hc-.reto as 1,xhibit "A", to qua? [y as an "Ul"ban County" 1.: ,l.eT' the Act, noi;l it't,st_nd:irir, th(: fact that ''he Courtt.y also cruui`fied a.c a "HoAd public r:nt i t; ur rl :r the /.ct, a.nd th:�.t the County has bpcr. infonrcd by IIUD that it cannot provide an exact entiticnnent amount for any Urban couY,ty until all coopr;retion agrec::mer?ts with said Cour_ty, including the instant, are approved by HUD. 7ner:fcre, there is no "guarantee" that the amount provided for City in said. Plan will ultimately become aval.lable, to City. The pcssibili.ty exists that Cit;y's activities may be deemed, in whole or in part, "plainly inappropriate" as defined by HUD, in which case City's entitlement would be reduced or elin;ixia, c u accur"LiTaJIV . SI), uiu suciL eves uali y u ux. , C.i y would have the option of assisting in the preparation of an amended plan. Furthermore, it is understood that a different distribution is hereby authorized when necessary to comply with the Act. 4. Applicant's Responsibility. County, as applicant, has the ultimate responsibility, under the Act, and in the view of HUD, for analysis of needs, setting of objectives, dcvcicp- ment of community development and housing assistance plans, and the one year community development program, and for providing assurances or certifications. Therefore, County requires of City, and City agrees to strict adherence to the Plan as approved, and to all assurances and certifications provided. 5. Affirmative Action. Under County's ultimate superviaiuii anu reapunsiuiii y, 6i.i,y c:uvcuacii.s aiid arree� i.ixa'u it will abide by and enforce all applicable affirmative action requirements including, but not limited to, Executive Order - 3 - 1121I6, the Lqu 111 Pmploy7ncnt. Opportunities Act, and local a:Cfirn�rttivc action plans. ?;c_:r,on;.ih:i.lI l_.I, S to C:ii;�. In o.dd.ition to the fore�;o:Lni, obli.r;:3;ti"ons, Courrt;y t�(.;reeG: A. Comity and. C .ty have, und(:.r the prc-exi.^t:ing Cooperation A;' c;rent, cooperated In the development of that port_lon of the Plan atta,clhed her. cto ar 13xhibit "A" which rc. Pnrsl to the community derelciprr.c:nt activities of City under the Act. County will, in prc-p^ri.nE future 'plar,s under the Act, solicit and cooy?;:ra.te to the full extent allo°red by the Act and all. lat¢:Cul rc ;ulations, City,'s partici_i:,ation in the development of such portion or portions of such future plains wine.- refer to City activities urider.the Act. B. To the fullest extent possible under state law, the Act and IlUD regulations, County agrees to permit City to ra r,^,; rntt t'.hP PGr^, Pt",ti a.l (`.nmi711l"n0t:v develo,-ortient and hoosina' assistance activities provided for in the fiscal year 19'("� application for federal assistance and in future applications. C. Subject to the provisions of Section 3 of this agreement, County agrees to distribute funding it receives from its current Plan application and in future plans, in accordance with the terms and provisions therein contained, or in accordance witn such terms and conditions as required by the Act or IiUD. 7. City's Responsibilities to County. In addition to the foregoing obligations: A. City agrees to expend any funds received by virtue of any of County's plans only in accordance with the terms and conditions stated therein, or as amended. R. N-hr A.araa.c to cnonera.ta with County. as it has heretofore, in the development of future applications for funds under the Act, with regard to housing and community development - 4 - activii_Lies to be continued or undcrta.ken by Cil.y within the bound,%ries of C1iLy. �. H:aciinrs,. Tne lic.,7.d.in;1s in this document are mer(Lly for the coilve)li.ence of the pa.l tie ,, and do not form a. mat :ri. a.l part of Lhi s document. T1e,7.dir,r;s not be considered in the ccn.;trur_t i.on of this doctir;:cnt. Tri:i.s agreetfient may be tearm-. i,)'ted by the County if HUD determni.nes that all of City!s activitiE:s aYc tlpla:i:n7y na:, 1"oprl.aLe" Under the Act. Tni^ Y' F 1i=T1t nay l i.kei,l se be terminated by City in the event that any or all G:P City's proposed activities under the Plan, as it eriaLs or as amended, are found to be "pla.inly _in,,.pprr;o :iatc." bye HUD and City does not d:"'S:Lre to aL9@Yl (. Lhe Plan or 1 `Uri. iC3 S° therein.. In the event of such a termination by City, Cit,"r ah=;.l_""i be discha.rl";ed of all rerponsibil.ities hereunder. Th9.s agree- ment may also be terminated by ei if-h— poT-tyr u�nn tY.,.n ,i_ay.*'iN! completion by City of its housing and community development actitivies under any particular application by County, upon HUD approval of said completion, by thirty days' written notice to the other party. Executed on the day and year first above written in the City of liul lingame, California COUNTY OF SAN MATEO - "County" By _ COUNTY MANAGER. CITYOFBURLINGAME - "City'' - 5 - May 7, 1975 George T. Riley, Exec. Asst. County of San Mateo Redwood City, Cal. Dear George: Enclosed find Second Amended Cooperation Agreement. Ile will be interested in a project either along the lines stated by Mrs. Elizabeth Dossa or otherwise at the appropriate time. Very truly yours, CFS:mm CHARLES F. SCHWALM City Manager