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Home My WebLink About108-99RESOLUTION NO. 108-99 AUTHORIZING THE EXECUTION OF A COOPERATION 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 (HCDA) of 1974 as amended; and WHEREAS, the Town of Danville has joined with the County of Contra Costa and other cities in the County to form an "Urban County" area, with a combined population of more than 200,000 persons, thereby qualifying for an entitlement of Community Development Block Grants; and WHEREAS, the Town has partnered with the County to participate in this program, or similar programs, since 1983; and WHEREAS, while the current program is structured to provide for automatic renewal for participation by member jurisdictions, there is a current need to amend the agreement to detail the next three year qualification period; and WHEREAS, the County and the Town of Danville desire to continue to partner in their housing and community development activities as authorized under the Act; now, therefore, be it RESOLVED, by the Danville Town Council that: Section 1. The Second Amendment to the Cooperation Agreement (HCDA 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 (HCDA 1974 as amended), for the twenty- sixth, twenty-seventh and twenty-eighth years of the Community Development Block Grant Program (2000-2001,2001-2002 and 2002-2003) with the County ofContra Costa. APPROVED by the Danville Town Council at a regular meeting on Tuesday, July 6, 1999, by the following vote: AYES: Arnerich, NOES: None ABSTAINED: None ABSENT: Waldo Greenberg, Doyle, Shimansky MAYOR APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK PAGE NO. 2 OF RESOLUTION NO. 108-99 .. Second Amendment to Cooperation Agreement Housing and Community Development Act 1974, As Amended Community Development Block Grant Program (County and City of v o..,.,v, 1\ t. ) 1. Parties & Date. Effective on , the COUNTY OF CONTRA COST A, a political subdivision of the State-R[California, hereinafter referred to as the "County," and the INCORPORATED CITY OF YfrtJJ\ L-Le , 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. On July 13, 1993 the City and the County entered into a Cooperation Agreement for participation as an Urban County in the U.S. Department of Housing and Urban Development Community Development Block Grant and Home Investment Partnership Act programs. The First Amendment to the Cooperation Agreement was executed in July 1996 to update the qualification period from FY 1994-1995 through FY 1996-1997 to FY 1997-1998 through FY 1999-2000. The Second Amendment to the Agreement is again to update the qualification period of the Agreement for requalification for the next three year qualification period ofFY 2000-2001, FY 2001-2002, and FY 2002-2003. 3. Amendment. Section 3, 10, 11, and 12 of the Cooperation Agreement, dated July 13, 1993, are hereby amended as follows: Section 3 is deleted in its entirety and replaced with the following: 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, community renewal and lower income housing activities, specifically urban renewal, community renewal and publicly assisted housing, hereinafter called "program" in fiscal years 2000-2001, 2001-2002, and 2002-2003 or the twenty-sixth, twenty-seventh, and twenty-eighth program years in compliance with the Consolidated Plan for community development objectives and projected use of funds, as submitted to the Federal Department of Housing and Urban Development (HUD) and as provided in this agreement. The County has the authority to carry out activities funded under this program, including any funded program from program income generated from the expenditure of such funds. Section 10 is deleted in its entirety and replaced with the following: 10. Fund Distribution. The County shall distribute funds received under Title] of the Act for fiscal years 2000-2001,2001-2002, and 2002-2003 or the twenty-sixth, twenty-seventh, and twenty- eighth program years for the undertaking of essential community development and housing assistance activities. The County shall distribute to the City funds received under said Act if essential community development and housing assistance activities are to be undertaken within the territorial limits of the 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 11 is deleted in its entirety and replaced with the following: II. Effective and Termination Dates. This agreement shall go into effect as of the date shown in Section 1 immediately upon signature of both parties and shall continue in full force and '~.... effect through the through the twenty-sixth, twenty-seventh, and twenty-eighth community development program years or fiscal years 2000-2001,2001-2002, and 2002-2003 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 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 HUn Field Office. By the date specified in HUn'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 HUn Field Office by the date specified in the Urban County Qualification Notice. Failure by either party to adopt an amendment to the agreement 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 qualification period, and to submit the amendment to HUn as provided in the Urban County Qualification Notice will void the automatic renewal of such qualification period. This agreement remains in effect until the CDBG and HOME funds and income received with respect to the three-year qualification period (and any successive qualification periods which are automatically renewed) are expended and the funded activities completed, and the County and City may not terminate or withdraw from this agreement while this agreement remains in effect. Section 12. Is deleted in its entirety and replaced with the following: 12. Subsequent Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary for the preparation of a subsequent Statement of Community Development activities and projected use of funds for the twenty-ninth, thirtieth, and thirty-first program 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. Original Cooperation Agreement. Except as amended above, the 8-13-93 Cooperation Agreement, Housing and Community Development Act 1994, As Amended, Community Development Block Grant Program remains in full force and effect. County of Contra Costa City of By Chairman, Board of Supervisors Mayor, ATTEST: Phil Batchelor, CLERK THE BOARD OF SUPER VISORS AND COUNTY ADMINISTRATOR ATTEST: Marie Sunseri Deputy Clerk BY~; City Clerk By (Seal) (Seal)