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HomeMy WebLinkAboutReso 227-1977RESOLUTION NO. 227-77 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING THE EXECUTION OF THE COOPERATION AGREEMENT FOR THE FOURTH HCDA PROGRAM YEAR (1978-1979) BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE COUNTY OF SAN MATEO. BE IT RESOLVED by the City Council of the City of South San Francisco that execution of the Cooperation Agreement for the Fourth HCDA Program Year, a copy of which is attached hereto as Exhibit A, is hereby authorized, and the City Manager is authorized to execute said Amendment on behalf of the City, and the City Clerk attests his signature thereto. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 7th__._day of December ,]% 77 by the fo]lowing vote: AYES, COUNCILMEN Richard A. Battaglia, William A. Borba, Emanuele N. Damonte, Terry J. Mirri and Leo Padreddii NOES, None ABSENT, None ATTEST: City Clerk COOPERATION AGREEMENT THIS AGREEMENT, entered into this day of , 1977, between the COUNTY OF SAN MATEO, a political subdivision of the State of California, hereinafter referred to as "County" and the CITY OF a duly incorporated city within the County of San Mateo, hereinafter referred to as "City", W I TN ES SETH: I~{EREAS, the Housing and Community Development Act of 1974, Public Law 93-383, enacted August 22, 1974, and the Housing and Community Development Act of 1977, Public Law 95-128, enacted October 12, 1977, both provide for the distribution of federal funds through the process of community development block grants to eligible public entities; and I~HEREAS, those public entities which are eligible to receive said funds are cities with a population in excess of 50,000, 'hold harmless' public entities, and urban counties; and kqtEREAS, 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 t~EREAS, the County of San Mateo has heretofore qualified as an urban county under the Act, the County again solicits the cooperation and co-partici- pation of public entities such as City in its application for federal assistance under the Act for the fourth program year; and - 1 - "EXHIBIT A" WHEREAS, City, having a population of less than 50,000 desires to cooperate and co-participate with County in this venture; and ~EREAS, a Cooperation Agreement by and between City and County establishes the formal relationship to cooperate and co-participate and is specifically authorized under the provisions of Government Code Sections 6502 and'26227; and WHEREAS, County is in receipt of a communication from the United States Department of Housing and Urban Development, hereinafter referred to as "HUD", with regard to the requisites which must be included in said Cooperation Agree- ment and which further stated that the same must be completed and submitted by December 15, 1977; and WHEREAS, on , City did, by an official act or pro- nouncement, originally express its intent and desire to cooperate and partici- pate with County in its Plan application and to engage in housing and community development activities within its incorporated limits thereunder; and ~iEREAS, City now desires to enter into the instant Cooperation Agreement with the County of San Mateo so that it may qualify, under applicable provisions of the Act and HUD regulations, as co-participant with County in eligible activities under the Act: NOW, THEREFORE, IN CONSIDERATION OF Tt~ FOREGOING, the parties hereto agree 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 housing assistance activities, specifically urban renewal and publicly assisted housing. 2. Term. The term of this agreement shall be for program year 1978-1979 and may be extended upon mutual agreement of the parties for periods of one or more programyears subject to the provisions of the Act as it currently exists or may subsequently be amended, and further subject ~to' the lawful regulations of HUD, and subject to the mutual agreement of the parties with regard to the content of future Plan applications by County. 3. 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, development of community development and housing assistance plans, and the one year community development program, and for pro- viding assurances or certifications. Therefore, County requires of City, and City agrees to strict adherence to the Plan as approved, and t© all assurances and certifications provided. 4. Affirmative Action. Under County's ultimate supervision and responsi- bility, City covenants and agrees that it will abide by and enforce all applicable affirmative action requirements including, but not limited to, Executive Order 11246, the Equal Employment Opportunities Act, the San Mateo County Affirmative Action Plan and local affirmative action plans. 5. County's'ResPonsibilitY~to City. In addition to the foregoing obliga- tions, County agrees: A. County shall, in preparing future plans under the Act, solicit' to the extent allowed by the Act and all lawful HUD regulations, City's partici- pation in the development of such future plans which refer to City's activities under the Act. B. In accordance with instructions from HUD, County agrees to permit City to carry out the essential community development and housing assistance activities provided for in the application and in future plans. C. County agrees to distribute funding it receives 'from its current Plan application and in future plans, in accordance with the terms and provisions · --3-- therein contained, or in accordance with such terms and conditions as required by the Act or HUD. 6. 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 by HUD. B. City agrees to cooperate with County, as it has heretofore, in the development of future plan applications for funds under the Act, with regard to housing and community development activities to be continued or undertaken by City within its boundaries. 7. Headings. The headings in this document are merely~for the convenience of the parties, and do not foz~ a material part'of this document. Headings shall not be considered in the construction of this document. 8. Termination. This agreement may be terminated by the County if HUD determines that all of City's activities are 'plainly inappropriate' under the Act. This agreement may also be terminated by either party, upon the lawful completion by City of its housing and community development'activities under any particular application by County, upon HUD approval of said completion, by thirty days' written notice to the other party. HoWever, termination for any cause or by any method shall take effect only at the end of the program year for which an application has been submitted to HUD. 9. Minor Amendments~to the Agreement. Should it become necessary to change the language of this agreement to meet HUD approval, without making major changes and without altering the intent of the agreement, such changes may be made administratively by the of Ail remaining provisions of said agreement shall remain in full force and effect for the term provided herein. Executed on the day and year first above written in the City of COUNTY OF SAN ~TEO By CITY OF By ATTEST: -5-