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HomeMy WebLinkAboutReso 130-1984 RESOLUTION N0.130-84 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA RESOLUTION AUTHORIZING EXECUTION OF A COOPERATION AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE COUNTY OF SAN MATEO WHICH PERMITS THE CITY'S PARTICIPATION IN THE COUNTY'S HOUSING AND COMMUNITY DEVELOPMENT PROGRAM WHEREAS, 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 develop- ment block grants to eligible public entities; and WHEREAS, the County of San Mateo has heretofore qualified as an urban county under the Act, and the County extends an invitation for application for federal assistance under the Act; and WHEREAS, the City of South San Francisco has previously entered into a Cooperation Agreement with San Mateo County for participation in the Housing and Community Development Program; and WHEREAS, the City of South San Francisco desires to continue its parti- cipation in the Housing and Community Development Program; and WHEREAS, it appears that the City of South San Francisco may be granted eligibility by the United States Department of Housing and Urban Development to receive funds directly from the Federal Government as a public entity under the Community Development Block Grant Program; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of South San Francisco that' 1. Approval of Agreement. The Agreement entitled "Cooperation Agreement" attached hereto as Exhibit "A", as amended to reflect the language contained in Exhibit "B" attached hereto, which Agreement permits the City's participation in the County's Housing and Community Development Program, is hereby approved. 2. Execution of Agreement. The Mayor is hereby authorized to execute said Agreement as amended on behalf of the City, and the City Clerk attest 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 r~gular meeting held on the 22nd day of Auqust , 19 84 , by the following vote' AYES' Councilmembers Mark N. Addiego. Fm~nu~l~ N. namnnt~, Gus Nicolopulos; and Robert, C~rri T~glia NOES' None ABSENT: None' ATTEST' City Clerk EXHIBIT "A" TO RESOL[JTION NO. 130-84 COOPERATION AGREEMENT · THIS AGREEMENT, entered into this 25th day of September , between the COUNTY OF SAN MATEO, a political subdivisi, on of the State of California, hereinafter referred to as ',County", and the C;TY (~F SOUTH SAN FRANCISCO, a duly incorporated city within the County of 5an Marco, hereinafter referred to as "City", WITNESSETH: WHEREAS, the Housing and Community Development Act of 197~, Public Law 93- 383, enacted August 22, 197~, and the Housing'and Communty Development Act of 1977, Public Law 95-128, enacted October 12, 1977, both provide :Eot :he distribution o! federa! funds through the process of community development block grants to eligible,public entities; and` WHEREAS, 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 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 WHEREAS, the County o! San Marco has heretofore qualified as an urban county under the Act, the County again solicits the cooperation and co-participation of public · . entities such as City in its application for federal assistance under the Act for the fiscal years 1985, 19B~;~ and 1987; and . . WHEREAS, City, having a population of less than 50,000 desires to cooperate and co-participate with County in this venture; and WHEREAS, 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 6§02 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 Agreement and which further stated that the same must be completed and submitted by September 28, 198q; and ! . WHEREAS, City has previously, by an. official act of pronouncement expressed its' intent and desire to cooperate and participate with County in its Plan application and to engage in housing and community development activities within its incorporated limits · thereunder; and WHEREA$~ 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 : .i and HUD regulations~ as co-participant with County in eligible activities under the P~t.~ NOV/~ THEREFORE, IN coNsIDERATION OF THE FOREGOING, the parties hereto agree as follows: 1. Purpose. This agreement is for the purpose of enabling the County and the City to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing, economic development, neighborhood facilities, housing rehabilitation~ and other. appropriate housing and community development assistance to primarily benefit lower . and moderate income people. 2. Term. The term of this agreement shall be for fiscal years I985, 1986, and 1987, and may be extended upon mutual agreement of the'parties for periods of one or more program years 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 sublect to the mutual agreement of the parties with regard to the content of future Plan applications by County. ' t 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 objectives, development of community development and housing assistance plans~ and the one year community development program, and for providing assurances or certifications. Therefore~ County requires City~ and City agrees to strict adherence to the Plan as approved, and to all assurances and certifications provided. County and' City shall comply with the provisions of the National Environmental Policy Act of l!)6!)~ Title VI of · -2- the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Executive Order 11988, Section 109 of the Housing and Community Development Act of 197q, and other applicable laws. ! · q. Affirmative Action. Under County's ultimate supervision and responsibility, City covenants and agrees that it will abide by and enforce all applicable affirmative action requirements including~, but not limited to, Executive Order 112~6, the Equal. Employment Opportunities Act, the San Mateo County Affirmative Action Plan and' local affirmative action plans. .,County's Resl~onsibility to City_. In addition to; the ioregoing obligations, County agrees: A. County shall, in preparing future plans under the Act, solicit to the extent allowed by.t.he Act and all lawful HUD regulations, City's participation 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 therein contained, or in accordance with such terms and conditions as required by the Act of .HUD. 6. City's Resl~°nsibilities 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. Headin~ts. The headings in this document are merely for the convenience of the parties, and do not form a material part of this document. Headings shall not be · t considered in the construction of this document. ,, -3- 8. Minor Amendments to the Agreement. Should it become necessary to change the ! - I formal language of this agreement to meet HUD approval, .such changes may be made administratively by the City Manager of South San Francisco; provided that no such changes may be made Which alter the intent of the agreement or the rights and , obligations of the parties hereto. " Al! remaining provisions of said agreement shall remain in fult force and effect for · the term provided herein. Executed on the day and year first above written in the City of South San Francisco. ATTEST: Deputy : ATTEST: , City Clerk .. ~', ' 27:718t, COUNTY OF SAN MATEO .. _ Chairman~o'ard of Supervisors CITY OF SOUTH SAN FRANCISCO Mayor . Paragraph 2. Term. (a) The term of this agreement shall be for fiscal years 1985, 1986, and 1987, and maY be extended upon mutual agreement of the parties for periods of one or more program years 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,. (b) In the event .the City of South San Francisco is granted ineligibility by the United States Department of Housing and Urban Development to receive funds directly from the Federal Government as a public entity under the con~nunity Development Block Grant Program, this agreement may be terminated by written notice from the City giving the county sixty (60) days notice of 'such termination. Nothing contained herein shall preclude the City from enter- : set forth herein in the event that the parties determine such future agreements . . . to be mutually beneficial. EXHI BIT "B" TO-R, ES, OLUTI~Q_N.._ · NO..__ 1,30-84. .....