County of San Mateo Minor Cooperative Agreement Amendment Cooperation Agreement dated September 20, 2017 Amendment Number: 1 (First) Agreement between the COUNTY OF SAN MATEO and the CITY OF FOSTER CITY
THE AGREEMENT IS CHANGED AS FOLLOWS
1. Section 2 (Term), Paragraph 1 is hereby L added X amended as follows:
Adds the following emboldened, italicized phrase:
"As provided by HUD rules and regulations, this Agreement shall automatically be renewed for participation in successive three-year qualification period, unless County or City provides written notice to the County with a copy to the HUD Field Office by the date specified in the urban county qualification schedule electing not to participate in the new qualification period..."
Il. Section 3a (County's Responsibilities as Applicant), Paragraph 1 is hereby • added X amended as follows:
Adds the following emboldened, italicized phrase:
"County, as applicant, has ultimate responsibility for executing the housing and community development programs on behalf of the Urban County, following its Consolidated Plan, which provides for an analysis of housing and non-housing community development needs of the geographic area, and meeting the requirements of other applicable laws, including but not limited to the National Environmental Policy Act, the Uniform Relocation Act, the Fair Housing Act, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Section 109 of the Housing and Community Development Act of 1974, and the implementing regulations at 24 CFR Part 8, Title Il of the Americans with Disabilities Act of 1990." III. Section Зa (County's Responsibilities as Applicant), Paragraph 4 is hereby L added X amended as follows:
Adds the following emboldened, italicized phrase:
"Therefore, County requires City, and City agrees to cooperate to undertake, or assist in undertaking, community renewal and lower-income housing assistance activities, strictly adhere to the Consolidated Plan as approved and to all assurances and certifications provided to HUD, including taking all actions necessary to comply with the Urban County's certifications under Section 104(b) of Title I of the Act, Title VI of the Civil Rights Act of 1964, implementing regulations at 24 CFR Part 1, the Fair Housing Act, and implementing regulations at 24 CFR Part 100 and will affirmatively further fair housing. All parties to the Cooperation Agreement must comply with 24 CFR § 91.225(a) and Affirmatively Furthering Fair Housing Definitions and Certifications (86 FR 30779, June 10, 2021), to be codified at 24 CFR 5.151 and 5.152, available at https://www.federalregister.gov/documents/2021/06/10/2021-12114/restoring-affirmativelyfurthering-fair- housing-definitions-and-certifications and to comply with section 109 of Title I of the Housing and Community Development Act of 1974, and the implementing regulations at 24 CFR Part 6, which incorporates Section 504 of the Rehabilitation Act of 1973 and the implementing regulations at 24 CFR Part 35, the Age Discrimination Act of 1975. County requires City, and City agrees to comply with all other applicable laws." County of San Mateo Minor Cooperative Agreement Amendment Cooperation Agreement dated September 20, 2017 Amendment Number: 1 (First) Agreement between the COUNTY OF SAN MATEO and the CITY OF FOSTER CITY
THE AGREEMENT IS CHANGED AS FOLLOWS
I. Section 2 (Term), Paragraph 1 is hereby added X amended as follows:
Adds the following emboldened, italicized phrase:
"As provided by HUD rules and regulations, this Agreement shall automatically be renewed for participation in successive three-year qualification period, unless County or City provides written notice to the County with a copy to the HUD Field Office by the date specified in the urban county qualification schedule electing not to participate in the new qualification period..."
Il. Section 3a (County's Responsibilities as Applicant), Paragraph 1 is hereby L added X amended as follows:
Adds the following emboldened, italicized phrase:
"County, as applicant, has ultimate responsibility for executing the housing and community development programs on behalf of the Urban County, following its Consolidated Plan, which provides for an analysis of housing and non-housing community development needs of the geographic area, and meeting the requirements of other applicable laws, including but not limited to the National Environmental Policy Act, the Uniform Relocation Act, the Fair Housing Act, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Section 109 of the Housing and Community Development Act of 1974, and the implementing regulations at 24 CFR Part 8, Title Il of the Americans with Disabilities Act of 1990." III. Section 3a (County's Responsibilities as Applicant), Paragraph 4 is hereby L added X amended as follows:
Adds the following emboldened, italicized phrase:
"Therefore, County requires City, and City agrees to cooperate to undertake, or assist in undertaking, community renewal and lower-income housing assistance activities, strictly adhere to the Consolidated Plan as approved and to all assurances and certifications provided to HUD, including taking all actions necessary to comply with the Urban County's certifications under Section 104(b) of Title I of the Act, Title Vl of the Civil Rights Act of 1964, implementing regulations at 24 CFR Part 1, the Fair Housing Act, and implementing regulations at 24 CFR Part 100 and will affirmatively further fair housing. All parties to the Cooperation Agreement must comply with 24 CFR § 91.225(a) and Affirmatively Furthering Fair Housing Definitions and Certifications (86 FR 30779, June 10, 2021), to be codified at 24 CFR 5.151 and 5.152, available at https://www.federalregister.gov/documents/2021/06/10/2021-12114/restoring-affirmativelyfurthering-fair- housing-definitions-and-certifications and to comply with section 109 of Title I of the Housing and Community Development Act of 1974, and the implementing regulations at 24 CFR Part 6, which incorporates Section 504 of the Rehabilitation Act of 1973 and the implementing regulations at 24 CFR Part 35, the Age Discrimination Act of 1975. County requires City, and City agrees to comply with all other applicable laws." Section 8a (County's Responsibility to City) is hereby • added amended as follows:
Adds the following emboldened, italicized phrase:
"County shall, in preparing Consolidated Plans, Annual Action Plans, and any relevant future plans ("plan") under the Act, solicit to the extent allowed by the 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. County will sign the assurances and certificates in the HUD 424-B."
Other changes: None
This change is effective as of: July 1, 2024
ALL OTHER TERMS AND CONDITIONS OF THE AGREEMENT REMAIN UNCHANGED.
JUN 13 2023 Stefan Chatvi:
Signature Date Name (please print)
(City Manager)
5/3/23 KARs~ Coppack
Requestor Signature Date Requestor Name (please print)
County of San Mateo Countyof San Mateo
HED SUPERVISOR
Requestor Title (please print)
I hereby certify that the requested changes are required per the United States Department of Housing and Urban Development.
1/25/23
Raymond Hodges
Date Department Head
Director of Housing
County of San Mateo
RESOLUTION NO. 2017-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY
AUTHORIZING EXECUTION OF A COOPERATION AGREEMENT WITH THE
COUNTY OF SAN MATEO FOR PARTICIPATION IN THE COUNTY'S HOUSING AND
COMMUNITY DEVELOPMENT PROGRAMS
CITY OF FOSTER CITY
WHEREAS, the Housing and Community Development Act of 1974, as amended ("Act"), provides for the distribution of federal 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 of San Mateo (County) has heretofore qualified as an urban county under the Act, the County again solicits the cooperation and co- participation of public entities such as the City of Foster City ("City") in its application for federal assistance under the Act for the Federal Fiscal Years 2018, 2019 and 2020 and subsequent three-year periods thereafter; and
WHEREAS, non-entitlement cities, having a population of less than 50,000, and do not qualify to receive their own allocation of Community Development Block Grant (CDBG), HOME Investment Partnership, or Emergency Solutions Grant (ESG) funding desire 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 Section 6502 and 26227; and WHEREAS, non-entitlement cities have 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
WHEREAS, participating non-entitlement cities understand that in becoming part of the Urban County, City automatically participates in the CDBG, HOME and ESG Programs, which provide eligible local jurisdictions with federal funds for affordable housing activities; and
DUPLICATE
ORIGINAL
COOPERATION AGREEMENT
This AGREEMENT, entered into this 18th day of September, 2017, between the COUNTY OF SAN MATEO, a political subdivision of the State of California ("COUNTY"), and the CITY OF FOSTER CITY, a duly incorporated City within the County of San Mateo ("CITY"),
WITNESSETH
WHEREAS, the Housing and Community Development Act of 1974, as amended ("Act"), provides for the distribution of federal 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 of San Mateo 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 Federal Fiscal Years 2018, 2019 and 2020 and subsequent three-year periods thereafter; 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 Section 6502 and 26227; and
WHEREAS, County is in receipt of a communication from the United States Department of Housing and Urban Development, ("HUD"), with regard to requisites which must be included in said Cooperation Agreement and which further stated that the same must be completed and submitted by September 2017; and
11. Acquisition, Change in Use, and Disposition of Real Property Acquired or Improved with CDBG Funds.
a. City shall notify County of any change in use including disposition of real property, within the control of City, which was acquired or improved in whole or in part with CDBG funds, from that approved at the time CDBG funds were authorized for acquisition or improvement.
b. City shall reimburse County in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non-CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations at any time prior to or subsequent to the close-out, change of status or termination of this Agreement between the County and City.
12. Headings.
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 considered in the construction of this document.
13. Minor Amendments to the Agreement.
Notwithstanding, Paragraph 2 above, 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 City Manager of City.
All remaining provisions of said Agreement shall remain in full force and effect for the term provided herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.
COUNTY OF SAN MATEO
By. Non Anale
resident, Board of Superviso
ATTEST: smatter
Clerk of Said/Boatd
CITY OF Foster City
Monter
By_
Dante Hall for Kevin MC it Merager
ATTEST:
City Clerk
Priscilla Tam for Doris L. Palmer
Certificate of Delivery
(Government Code Section 25103)
I certify that a copy of the original document filed in the Office of the Clerk of the Board of Supervisors of San Mateo County has been delivered to the President of the Board of Supervisors.
Clerk of the Board of Supervisors