HomeMy WebLinkAbout087-96RESOLUTION NO. 87-96 AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT PERTAINING TO THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAMS WHEREAS, the Congress of the United States has enacted the Housing and Community Development Act of 1974 as amended; and WHEREAS, the Town of Danville may join with the County of Contra Costa to form a combined population of 200,000 or more persons, thereby qualifying as an Urban County, thus being eligible for an entitlement of Community Development Block Grants; and WHEREAS, the County and the Town of Danville desire to engage in housing and community development activities as authorized under the Act; now, therefore, be it RESOLVED, by the Town Council of the Town of Danville that: Section 1. The First Amendment to the Cooperation Agreement (H.C.D.A. 1974 as amended), between the Town of Danville and the County of Contra Costa, is hereby approved in the form attached hereto as Exhibit 1; and Section 2. The Mayor be hereby authorized and instructed to execute the First Amendment to the Cooperation Agreement (H.C.D.A. 1974 as amended), for the twenty-third, twenty-fourth and twenty-fifth years of the Community Development Block Grant Program (1997-98, 1998-99 and 1999-2000) with the County of Contra Costa. APPROVED by the Danville Town Council at a Regular Meeting held on Tuesday, July 2, 1996, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Greenberg, Shimansky, Arnerich, Doyle, Waldo None None None MAYOR APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK wp5.1 F:\Planning\Gailey\CoopAgre.res First Amendment to Cooperation A~mnnent Housing and Community Development Act 1974, As Amended Community Development Block Cn'ant Program (County and City of ) 1. Parties & Date. Effective on , the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "County," and the INCORPORATED CITY OF , a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa, hereinafter referred to as "City," mutually agree and promise as follows: 2. Purpose. To update the qtmlification period of the a~eemcnt for requali~cation for the next three year qualification period of 1997-98, 1998-1999, and 1999-2000. 3. Amendment. Section 3, 4, 10, I1, and 12 ofthe Cooperation Agreement, dated July 13, 1993, are hereby amended as follows: Section 3. Is deleted in its entirety and replaced with the following: i 3. Cooperation. The City and County will cooperate in undertaking, or asstrend in undertaking, community ranewal and lower income housing activities, specitcally urban renewal and publicly assisted housing, hereinafter called "program," in fiscal years 1997-1995, 1998-1999, 1999-2000, or the twenty third, twenty-fourth, and twenty-fifth program years in compliance with the Consolidated Plan for community development objectives and projected use of funds, as submitted to the Federal Department ofHousinB and Urban Development (HUD) and as provided in this agreement. The County has the authority to carry our activities funded under this program, indudinS any funded from program income generated from the expenditure of such funds. Section 4 is deleted in its entirety and replaced with the following: 4. Activities. Eligible community development and houshls assistance activities are hereby defined for purposes of this agremnent to be those designated in T'~e I of the Act and the regulations issued thereto. Appropriate eligible acthn'fies will be included in the annual Action Plan of community development objectives and projected use of funds as adopted by the Board of Supervisors pursuant to said Act. It is hereby recognized and agreed that the County must take the full responsib'dity and assume all obli~ttiom of an applicant under Title I of the Act. Sa/d obligations and responsibilities include the submission to the Federal Department of Housing & Urban Development (HUD) an Action Plan, an approved Consolidated Plan and certa/n assurance or certificatiom reqtfired by the Act and reguhttiom adopted pursuant thereto. Section 10 is deleted in its entirety and replaced with the following: I 0. Fund Distribution. The County shall distribute funds rece/ved under Title I of the Act for fiscal years 1997-1998, 1998-1999, 1999-2000 or the twenty third, twenty-fourth, and twenty-frith program years for the undertaking of essential community developmeni and housing assistance activities. The County shah distribute to the City funds race/red under rddd Act/f essential community development and housing assistance activities are to be undertaken within the territorial limits ofthe City. The City and County under Section 24 CFR 570.503 of the program regulations are required to enter into a written agreement to implement activities prior to disbursement of any CDBG funds. Section I 1 is deleted in its entirety and replaced with the following: 11. Effective and Termination Dates. This asreemm shall go into effect as of the date shown in Section I immediately upon the signature of both parties and shah continue in full force and effect through the twenW-third, twet~-fourth and twenty-frith community development program years, or fiscal years 1997-1995, 1995-1999, 1999-2000 covered by the County's annual Action Plan of community development activities and projected use of funds and so long as the essential community development and housing assistance activities are being EXHIBIT 1 undertaken pursuant to this agreement. This agreement will automatically be renewed for participation in successive three-year qualification periods, unless the County or the City provides written notice it elects not to participate in a new qualification period. A copy of the notice must be sent to the HUD Field Office. By the date specified in HUD's urban county qualification notice for the next qualification period, the County will notify the City in writing of its right to make such election. A copy of the County's notification will be sent to the HUD Field Office by the date specified in the urban county qun!i6cation notice. Failure by either party to adopt an amendment to the as~ement incorporating all changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for a subsequent three-year urban county qualitication period, and to submit the amendment to HUD as provided in the urban county qualification notice will void the automatic renewal of such qualification pariod. This agreement remains in effect until the CDBG and HOME funds and income received with respect to the three-year qualification ptwiod (and any successive qualification periods which are automatically renewed) are expended and the funded activities completed, and the County and City may not tm'minate or withdraw from this a~ant while this a~*eement remains in effect. Section 12 is deleted in its entirety and replaced with the following: 12. Subsequent Years. Nothix~ in this alpmnnent shall be construed as requiring the City to provide the County with any information na:essaty for the prcparation of a subsequent Statement of Community Development activities and proj_*~___~_ use of funds for the twenty-sixth, twenty- seventh, and twenty-eighth prosram years. Should the County desire to qualify as an urban county for subsequent fiscal years, the City shall have the option of choosing whether to continue its participation with the County. 4. OriBinal Cooperaxion Asrenment. Except as amended above, the 8-13-93 Cooperation Agreement, Housing and Community Development Act 1994, As Amended, Community Development Block Grant Pro,'am remains in full force and effect. County of Contra Costa City of By Mayor, Chairman, Board of Supervisors ATTEST: Phil Batchelor, CLERK THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR By Deputy Clerk ATTEST By City Clerk (Seal) (Seal) Approved as to form.