AMENDMENT SEVEN TO
COOPERATION AGREEMENT BETWEEN
THE COUNTY OF ORANGE
AND
CITY OF LAGUNA BEACH
This Amendment Number SEVEN (hereinafter “Amendment SEVEN”) is made and entered into by the County of Orange, a political subdivision of the State of California, (“COUNTY”) and CITY OF LAGUNA BEACH, a municipal corporation, (“CITY”), UEI number PPPXANKDF7N7 which are sometimes individually referred to as “Party” or collectively referred to as “Parties”, and is effective as of July 1, 2027, hereinafter referred to as “EFFECTIVE DATE”.
WHEREAS, COUNTY and CITY executed that certain COOPERATION AGREEMENT “Small-City” (hereinafter, as amended, “Original Agreement” or “Agreement”) for commencement July 1, 2005; and
WHEREAS, the Original Agreement was amended by Amendment ONE, effective as of July 16, 2008; and
WHEREAS, the Original Agreement was amended by Amendment TWO, effective as of July 1, 2012; and
WHEREAS, the Original Agreement was amended by Amendment THREE, effective as of July 1, 2015; and
WHEREAS, the Original Agreement was amended by Amendment FOUR, effective as of July 1, 2018; and
WHEREAS, the Original Agreement was amended by Amendment FIVE, effective as of July 1, 2021; and
WHEREAS, the Original Agreement was amended by Amendment SIX, effective as of July 1, 2024; and
WHEREAS, U.S. Department of Housing and Urban Development (“HUD”) Notice CPD-26-08 allows “automatic” renewals for one successive three year Urban County qualification period provided that COUNTY sends a letter to CITY notifying it that the Original Agreement will be renewed unless CITY notifies COUNTY that it wishes to terminate the agreement and a copy of such a letter is provided to HUD; and WHEREAS, COUNTY sent CITY a letter notifying CITY of such renewal on March 11, 2026; and
WHEREAS, CITY did not advise COUNTY that it wished to terminate the Original Agreement with County; and
Attachment 1
3
WHEREAS, the CITY’s City Manager and the COUNTY’s Director of Orange County Community Resources have been duly authorized by their City Council and Board of Supervisors, respectively, to execute this Amendment SEVEN; and
WHEREAS, the Parties agree to further amend the Original Agreement at this time in the manner set forth herein.
NOW, THEREFORE, the Parties hereby agree as follows:
I. Modifications to the Original Agreement
1. Section 2 of the Original Agreement is amended in its entirety as follows:
“COUNTY shall have the authority to carry out activities, which will be funded from annual Community Development Block Grant (“CDBG”), Home Investment Partnership (“HOME”) and Emergency Solutions Grant (“ESG”) Program funds appropriated for Fiscal Years 2027-2028, 2028-2029 and 2029-2030 and from any program income generated from the expenditure of such funds.”
2. Section 9 of the Original Agreement is amended and shall read as amended in its entirety as follows:
“This Agreement shall cover the three-year program period for Fiscal Years 2027-2028, 2028-2029 and 2029-2030, respectively of CDBG, HOME and ESG programs, including any subsequent Supplemental sources (Paragraph 23 of the Agreement). In no event shall this agreement be terminated by either Party before June 30, 2030, except as allowed in legislation enacted by the U.S. Congress for termination or withdrawal from the Urban County Program and as permitted by HUD.
This Agreement remains in effect until the CDBG (and, where applicable, HOME and ESG) funds and program income received (with respect to activities carried out during the three-year qualification period, and any successive qualification periods under agreements that provide for automatic renewal) are expended and the funded activities completed, and the COUNTY and CITY cannot terminate or withdraw from this Agreement while it remains in effect.”
3. Section 10 shall be added to Agreement to read:
“In accordance with HUD Notice CPD 26-08, this Agreement will renew automatically for participation in one successive three-year Urban County qualification period (July 1, 2030 to June 30, 2033) unless COUNTY or CITY provides written notice that it elects not to participate in a new qualification period. A copy of the termination notice must be sent to HUD Field Office by the date specified on the HUD Exchange Urban Counties website.
COUNTY shall notify CITY in writing of its right not to participate any longer 4
than the date specified in HUD’s Urban County Qualification Notice for the next qualification period. A copy of the County’s notification must be sent to the HUD field office by the date specified on the HUD Exchange Urban Counties website.”
4. Section 11 of the Original Agreement is amended to read:
“CITY and COUNTY agree to adopt amendment(s) to this Agreement as may be required by HUD to meet any new Urban County Qualification requirement(s) when applicable and to submit such amendments to HUD.
The COUNTY will notify CITY of its right to terminate its participation in the program based on the adoption of any such amendment. If either CITY or COUNTY refuses to adopt any such amendment, and to submit such amendment to HUD, this Agreement will be voided for such qualification period.”
5. Section 14 of the Original Agreement is amended to add subsection (d) as follows:
“d. This Agreement covers the following formula funding programs administered by HUD: CDBG, HOME, and ESG, and CITY may receive a formula allocation under the HOME and ESG Programs only through the COUNTY. This does not preclude the COUNTY or the CITY from applying for HOME or ESG funds from the State, if the State allows.”
6. Section 24 of the Original Agreement is amended to read:
“CITY may void this Agreement only if it submits to COUNTY on or before June 2027 the notification from HUD that CITY has qualified as a “Metropolitan City” or an “Entitlement City” prior to the completion of the re-qualification process for Fiscal Years 2027-2028, 2028-2029, and 2029- 2030. Upon such notification by HUD, CITY also must submit to COUNTY and HUD written notification of its decision to either remain in the Urban County Program as a “Metropolitan City” or become an “Entitlement City” as a separate entity. If this Agreement is not voided, then CITY must participate in COUNTY’s Urban County for the entire three-year qualification period (FYs 2027/2028 through 2029/2030).”
II. Additional Agreements
The terms of the Additional Agreements in the Original Agreement are hereby amended as follows:
1. The COUNTY and the CITY agree to cooperate to undertake, or assist in undertaking, essential community development and housing assistance activities in and for the benefit of the CITY, as approved and authorized between the Parties in the CDBG agreements, including the Consolidated Plan.
5
2. The CITY understands and agrees that it may not apply for grants under the State CDBG Program for the fiscal years during the period in which the CITY participates in the COUNTY’s CDBG Program. The COUNTY agrees that the CDBG funds that the CITY is entitled to will be utilized to benefit the CITY.
3. The COUNTY and the CITY shall take all actions necessary to assure compliance with the COUNTY’S certification under section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, and that the grant will be conducted and administered in conformity with:
a. Title VI of the Civil Rights Act of 1964 and the implementing regulations at 24 CFR Part 1;
b. The Fair Housing Act, and the implementing regulations at 24 CFR Part 100, and will comply with the obligation to affirmatively further fair housing including the obligations set forth in 24 CFR 91.225(a) and 5.105(a); and
c. 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 8, Title II of the Americans with Disabilities Act of 1974 and the implementing regulations at 28 CFR Part 35, the Age Discrimination Act of 1975 and the implementing regulations at 24 CFR Part 146, Section 3 of the Housing and Urban Development Act of 1968, Uniform Relocation and Real Property Policies Act of 1970 and the implementing regulations at 49 CFR Part 24, Section 104(d) of the Housing and Community Development Act of 1974 and the implementing
regulations at 24 CFR Part 425, and all other applicable laws and regulations. The Parties agree that no urban county funding will be used for activities in, or in support of, any cooperating unit of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the COUNTY’S actions to comply with the COUNTY’S fair housing certification. The Parties acknowledge and agree that noncompliance by a unit of general local government included in an urban county may constitute
noncompliance by the grantee (i.e., the urban 14 county) that can, in turn, provide cause for funding sanctions or other remedial actions by the Department.
4. The CITY, COUNTY, and all other applicable units of general local government, may not sell, trade, or otherwise transfer all or any portion of such funds to another such metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or nonFederal considerations, but must use such funds for activities eligible under 6
Title I of the Housing and Community Development Act of 1974, as amended.
5. All other provisions of the Original Agreement, as amended, a copy of which is attached hereto as Exhibit A and incorporated by this reference, to the extent they are not inconsistent with this Amendment SEVEN, remain unchanged and in full force and effect.
IN WITNESS WHEREOF, CITY has caused this Amendment SEVEN to be executed by its City Manager and attested by its City Clerk; COUNTY has caused this Amendment SEVEN to be executed by the Director of the Orange County Community Resources; each having been duly authorized by the CITY Council and the COUNTY Board of Supervisors, respectively.
ATTEST:
City of Laguna Beach, a municipal
Corporation in the State of California
By: By:
Name: Name:
Title: City Manager Title: City Clerk
Date: Date:
COUNTY OF ORANGE, a political
subdivision of the State of California
By:
Dylan Wright, Director
Orange County Community Resources
Date:
////////////////////////////////////////////////////////////////////////////////////////////
ORIGINAL AGREEMENT, AS AMENDED, APPROVED AS TO FORM AND REQUIRED COUNTY COUNSEL OPINION STATEMENT:
The terms and provisions of the Original Agreement, including this Amendment SEVEN, are fully authorized under State and local law and the Agreement provides 7
full legal authority for the County to undertake, or assist in undertaking, essential community development and housing assistance activities within the CITY’s jurisdiction.
Office of the County Counsel
Deputy County Counsel Dated
8
Exhibit A
Original Cooperation Agreement and Amendment Numbers ONE through SIX 9 Attachment E
DocuSign Envelope ID: 3B5FB8CC-98AA-4D25-83A9-1576FD0090D1 10 Attachment E
DocuSign Envelope ID: 3B5FB8CC-98AA-4D25-83A9-1576FD0090D1 11 Attachment E
DocuSign Envelope ID: 3B5FB8CC-98AA-4D25-83A9-1576FD0090D1 12 Attachment E
DocuSign Envelope ID: 3B5FB8CC-98AA-4D25-83A9-1576FD0090D1 13 Attachment E
DocuSign Envelope ID: 3B5FB8CC-98AA-4D25-83A9-1576FD0090D1 6/27/2023
7/19/2023
14 Attachment E
PAGE 1 of 6
DocuSign Envelope ID: 96BB54E0-372E-47E4-9241-4DD9CF7C5CB2 15 Attachment E
PAGE 2 of 6
DocuSign Envelope ID: 96BB54E0-372E-47E4-9241-4DD9CF7C5CB2 16 Attachment E
PAGE 3 of 6
DocuSign Envelope ID: 96BB54E0-372E-47E4-9241-4DD9CF7C5CB2 17 Attachment E
PAGE 4 of 6
DocuSign Envelope ID: 96BB54E0-372E-47E4-9241-4DD9CF7C5CB2 18 Attachment E
PAGE 5 of 6
DocuSign Envelope ID: 96BB54E0-372E-47E4-9241-4DD9CF7C5CB2 8/6/2020
19 Attachment E
PAGE 6 of 6
DocuSign Envelope ID: 96BB54E0-372E-47E4-9241-4DD9CF7C5CB2 6/25/2020
20 AMENDMENT FOUR TO
COOPERATION AGREEMENT BETWEEN
THE COUNTY OF ORAI{GE
AND
CITY OF LAGUNA BEACH
This Amendment Number FOUR (hereinafter "Amendment FOUR") is made and entered ínto by the County of Orange, a political subdivision of the State of California, ("COUNTY") and CITY OF LAGUNA BEACH, a municipal corporation, ("CITY"), DUNS Number 089135552 which are sometimes individually referred to as "Party" or collectively referred to as "Parties", and is effective as of July 1, 2018, hereinafter referred to as *EFFECTIVE DATE'.
WHEREAS, COUNTY and CITY executed that certain COOPERATION AGREEMENT "Small-City" (hereinafter "Original Agreement" or "Agreement") for commencement July 1, 2005; and
WHEREAS, the Original Agreement was amended by Amendment ONE, effective as of July 16, 2008; and
WHEREAS, the Original Agreement was amended by Amendment TWO, effectíve as of July L 2OL2; and
WHEREAS, the Original Agreement was amended by Amendment THREE, effective as of July 1, 2015; and
WHEREAS, U.S. Department of Housing and Urban Development ("HUD") Notice CpD-14-07 allows "automatic" renewals for up to three yeãrs provided that COUNTY sends a letter to CITY notify¡ng it that the Original Agreement will be renewed unless CITY notifies COUNW that it wishes to terminate the agreement and a copy of such a letter is provided to HUD; and
WHEREAS, COUNTY sent CITY a letter notifying CITY of such renewal on February 2,2OL7i and
WHEREAS, CITY did not advise COUNTY that it wished to terminate the Original Agreement with County; and
WHEREAS, the Parties desire to further amend the Original Agreement at this time in the manner set forth herein.
NOW, THEREFORE, the Parties hereby agree to the following modifications to the Original Agreement:
1. Section 2 of the Original Agreement is amended in its entirety as follows:
Page I of4
21 "COUN1y shall have the authority to carry out activities, which will be funded from annual Cornmunity Development Block Grant (CDBG), Home Investment Partnership (HOME) and Emergency Solutions Grant (ESG) Program funds appropriated for Federal Fiscal Years 2018-2019 ,20L9'2020 anO ZOZO-AOZL and from any program income generated from the expenditure of such funds."
2. Section 6 of the Original Agreement shall be amended to add subsection (c,) as follows:
"c. A policy to undertake or assist in undertaking, community renewal and lower-income housing assistance activities."
3. Section 9 of the Original Agreement shall read as amended in its entirety as follows:
This Agreement shall cover Fiscal Years 2OL8-2OL9,20t9'2O20 and 2O2O2021, iespectively of CDBG, HOME and ESG program applications, including any subsequent Supplemental sources (Paragraph 23 of the Agreement).
In no event shall this agreement be terminated by either Party before June 3A,202L, except as allowed in legistation enacted by the U.S. Congress for termination or withdrawal from the Urban County Program and as permitted by HUD.
4. Section 10 shall be added to Agreement to read:
"In accordance with HUD Notice CPD L4-07, and subsequent CPD Notíces, this Agreement will be automatically extended for an additional 3 (three) year period (luly t, àOZL to June 30, 2024) unless COUNTY or CITY provides written notice that it elects not to participate in a new qualification period. COUNTY shall notify CIW in writing of its right not to participate any longer than the date specified in HUD's Urban County Qualification Notice for the next qualification period."
5. Section 11. Of the Original Agreement is amended to read:
"CITY and COUNW agree to adopt amendments (s) to this Agreement as may be required by HUD to meet any new Urban County Qualification requirement(s) subsequent to June 30, 2020. The COUNTY will notiñ/ CITY of its right to terminate its participation in the program based-on the adoption of any such amendment. If either CITY or COUNTY refuses to adopt any such amendment, this automatic renewal provision herein will be void."
6. Sectiön 24.ls amended to read:
"CITY may void this Agreement only if it submits to COUNTY on or before June ZOLT the notification from HUD that CITY has qualified as a "MetropOlitan City" or an "Entitlement City" prior to the completion of the Puge 2 of 4
22 re-qual¡fication process for Fiscal Years 2018-19, 2OL9-2020, and 2A2O202t. Upon such notification by HUD, CITY also must submit to COUNTY and HUD written notification of its decision to either remain in the Urban County Program as a "Metropolitan City" or become an "Entitlement City" as a separate entity."
7. All other provis¡ons of the Original Agreement, as amended, a copy of which is attached hereto as Exhibit A and incorporated by this reference, to the extent they are not inconsístent with this Agreement, remain unchanged and in full force and effect.
IN WITNESS WHEREOF, CITY has caused this Amendment FOUR to be executed by its City Manager and attested by its City Clerk; COUNTY has caused this Amendment FOUR to be executed by the Director of the Orange County Community Resources; each having been duly authorized by the CITY Council and the COUNTY Board of Su pervisors, respectively.
ATÏEST:
City of Laquna Beach, a municipal
Corpo in the lifornia
By:
Name: John Pietig Na me: L¡ hel-Walker
Title: City Manager City Clerk
Date: {-zf- t+ zÇ
COUNTY OF ORANGE, a Political
SU oft California
By
Dylan ht, Director
Title:
Date
Orange County Community Resources
oate: 1'J6-t?
23 t/il il/ilil t/t/ ///ililililil/ ililt/il/il1/il/ // /t/t//// / /t//illlt/l// illl/illl/ llil ll l/ll/il
ORIGINAL FORM CONTRACT
APPROVED AS To FORM and REQUIRED COUNW COUNSEL STATEMENT:
"The terms and provisions of the agreement are fully authorized under State and local law and the agreement provides full legal authority for the County." Date: orylab ltz
By County Counsel
24 C¡ty of Laguna tseach
25 AMENDMENT THREE TO
COOPERATION AGREEM ENT BETWEEN
THE COUNTY OF ORANGE
AND
CITY OF LAGUNA BEACH
This Amendment Number THREE (hereinafter "Amendment THREE") is made and entered into by the County of Orange, a political subdivision of the State of California, ("County") and CITY OF LAGUNA BEACH, a municipal corporation, ("City"), which are sometímes individually referred to as "Party" or collectively referred to as "Palties", and is effective as of July 1, 20L5, hereinafter referred to aS "EFFECTIVE DATE'.
WHEREAS, County and City executed that certain COOPERATION AGREEMENT "Small-City" (hereinafter "Original Agreement" or "Agreement") for commencement July 1, 2005; and
WHEREAS, the Original Agreement was amended by Amendment One, effective as of July 16, 2008; and
WHEREAS, the Original Agreement was amended by Amendment TWO, effective as of July L 20L2¡ and
WHEREAS, U.S. Depaftment of Housíng and Urban Development ("HUD") Notice CPÐ-L4-07 allows "automatic" renewals for up to three years provided that County sends a letter to City notifying it that the Original Agreement will be renewed unless City notifies County that it wishes to terminate the agreement and a copy of such a letter is provided to HUD; .. ._:
WHEREAS, County sent City a letter notifying City of such renewal on February 25,2074;
WHEREAS, City did not advise County that it wished to terminate the Original Agreement with County;
WHEREAS, the Pafties desire to further amend the Original Agreement at this time in the manner set forth herein.
NOW, THEREFORE, the Parties hereby agree to the following modifications to the Original Agreement:
1. Section 2 of the Original Agreement is amended in its entirety as follows:
COUNTY shall have the authority to carry out activities, which will be funded from annual Community Development Block Grant (CDBG), Home Page I of4
26 Investment Paftnership (HOME) and Emergency Solutions Grant (ESG) Program funds appropriated for Federal Fiscal Years 20t5-20L6, 2016- 20L7 and 2OL7-20I8 and from any program income generated trom the expenditure of such funds.
2. Section 6 of the Original Agreement shall be amended to add subsection (c,) as follows:
c. A policy to undeftake or assist in undeftaking, community renewal and lower-income housing assÍstance activities.
3. Section 9 of the Original Agreement shall read as amended in its entirety as follows:
This Agreement shall cover Fiscal Years 2015-2016,2016-2017 and 2OL7' 2018, respectively of CDBG, HOME and ESG program applications, including any subsequent Supplemental sources (Paragraph 23 of the Agreement). In no event shall this agreement be terminated by either party before June 30, 2018, except as allowed in legislation enacted by the U.S. Congress for termination or withdrawal from the Urban County Program and as permitted by HUD,
4. Section 10 shall be added to Agreement to read:
In accordance with HUD Notice CPD L4-07, and subsequent CPD Notices, this Agreement will be automatically extended for an additional three (3) year period (July 1, 2018 to June 30, zOZt) unless COUNTY or CITY provides wrítten notice that it elects not to pafticipate in a new qualification period. COUNTY shall notify CITY in writing of its right not to participate any longer than the date specified in HUD's Urban County Qualification Notice for the next qualification period. 5, Sectíon 11. Of the original Agreement is amended to read "CITY and COUNTY agree to adopt amendments (s) to this agreement as may be required by HUD to meet any new Urban County Qualification requirement(s) subsequent to June 30, 2OL7. The COUNTY will notify CITY of its right to terminate its pafticipation in the program based on the adoption of any such amendment. If either CITY or COUNTY refuses to adopt any such amendment, this automatic renewal provision herein will be void"
6. Section 24. Is amended to read "City may void this agreement only if it submits to County on or before June 2014 the notification from HUD that Cíty has qualified as a "Metropolitan City" or an "Entitlement City" prior to the completion of the re-qualification process for Fiscal Years 2015-16, 2OL6-2QL7, and 21l7-20t8. Upon such notification by HUD, CITY also must submit to COUNTY and HUD written notification of its decision to either remain in the Urban County Program as a "Metropolitan City" or become an "Entitlement City" as a separate entity.
27 7. All other provisions of the Original Agreement, as amended, a copy of which is attached hereto as Exhibit A and incorporated by this reference, to the extent they are not inconsistent with this Agreement, remain unchanged and in full force and effect.
IN WITNESS WHEREOF, CITY has caused this Amendment THREE to be executed by its City Manager and attested by its City Clerk; COUNTY has caused this Amendment THREE to be executed by the Director of the Orange County Community Resources; each having been duly authorized by the CITY Council and the COUNTY Board of Supervisors, respectively,
ATTEST:
City of Laguna Beach, a municÍpal
Corporatio in ia
By: By (-
Name: Joln ø*y
Title: City Manager
¡lame;zldllrØY +nY
hwt-v{AtYt(
Date:
Title:
Date:
COUNTY OF ORANGE, a political
subdivis n he State of California
Franks, Director
Orang e Co n ity Resources
Date:
28 AMENDMENT TWO TO
COOPERATION AGREEM ENT BETWEEN
THE COUNTY OF ORANGE
AND
CIw oF LAGUNA BEACH (small City)
This Amendment Number TWO (hereinafter "Amendment TWO") is made and entered into by the County of Orange, a political subdivision of the State of California, ("County") and CITY OF L-AGUNA BEACH, a municipal corporation, ("City"), which are somet¡mes índividually referred to as "Party" or collectively referred to as "Parties", and is effective as of July !, 2012, hereinafter referred to as "EFFECIVE DATE'.
WHEREAS, County and City executed that certain COOPERATION AGREEMENT "SmallCity" (hereinafter "Original Agreement" or "Agreement") for commencement July 1, 2005; and
WHEREAS, the Original Agreement was amended by Amendment One, effective as of July 16, 2008; and
WHEREAS, U.S. Department of Housing and Urban Development ("HUD") Notice CPD-11- 02 allows "automatic" renewals for up to three years provided that County sends a letter to City notifying it that the Original Agreement will be renewed unless City notifies County that it wishes to terminate the agreement and a copy of such a letter is provide to HUD; WHEREAS, County sent CiÇ a letter notifying City of such renewal on March 25,2Ot7; WHEREAS, City did not advise County that it wished to terminate the Original Agreement with County;
WHEREAS, the Parties desire to further amend the Original Agreement at this time in the manner set forth herein.
NOW, THEREFORE, the Parties hereby agree to the following modifications to the Origínal Agreement:
1. Sectlon 2 of the Original Agreement is amended in its entirety as follows:
COUNTY shall have the authority to carry out activities, which will be funded from annual Community Development Block Grant (CDBG), Home Investment Partnership (HOME) and Emergency Shelter Grant (ESG) program funds appropriated for Federal Fiscal Years 2OL2-2OL3, 20I3-2OL4 and 2OL4-20I5 and from any program income generated from the expenditure of such funds.
2. Section 9 of the Original Agreement shall read as amended in its entirety as follows:
This Agreement shall cover Fiscal Years 2OL2-2073, 2Ot3-2074 and 2O].4-70L5, respectively of CDBG, HOME and ESG program applications, including any subsequent Supplemental sources (Paragraph 23 of the Agreement). in no event shall this agreement be terminated by either party before June 30,2075, except as allowed in legislation enacted by the U.S. Congress for termination or withdrawal from the Urban County Program and as permitted by HUD.
Page I of4
29 3. Section 10 shall be added to Agreement to read:
In accordance with HUD Notice cPD L7-02, and subsequent cPD Notices, this Agreement will be automatically extended for an additional three (3) year period (July 1, 2015 to June 30, 2018) unless COUNTY or CITY provides written notice that it elects not to participate in a new qualification period. COUNTY shall notify CITY in writing of its right not to participate any longer than the date specified in HUD's urban county Qualification Notice for the next qualification period. 4, Section 11 of the original Agreement is amended to read "CITY and COUNTY agree to adopt amendments (s) to this agreement as may be required by HUD to meet any new Urban County Qualification requirement(s) subsequent to June 30, 20L4. The COUNTY will notify CITY of its right to terminate its participation in the program based on the adoption of any such amendment. If either CITY or COUNTY refuses to adopt any such amendment, this automatic renewal provision herein will be void".
5. Section 24 is amended to read "City may void this agreement only if it submits to County on or before May 28,2011 the notification from HUD that City has qualified as a "Metropofitan City" or an "Entitlement City" prior to the completion of the re-qualification process for Fiscal Years 2OL2-L3,20L3-2014, and 20L4- 2015. Upon such notification by HUD, CITY also must submit to COUNTY and HUD written notification of its decision to either remain in the Urban County Program as a "Metropolitan City" or become an "Entitlement City" as a separate entity.
6, All other provisions of the Originat Agreement, as amended, a copy of which is attached hereto as Exhibit A and incorporated by this reference, to the extent they are not inconsistent with this Agreement, remain unchanged and in full force and effect.
30 IN WITNESS WHEREOF, CITY has caused this Amendment TWO to be executed by its City Manager and attested by its City Clerk; COUNTY has caused this Amendment TWO to be executed by the Director of the Orange County Community Resources; each having been duly authorized by the CITY Council and the COUNTY Board of Supervisors, respectively.
ATTEST:
C¡ty ofl¿gu¡e-Beeeh-, a municiPal
the of California
By
Name: John Pietig Name: Martha Anderson
Title: City Clerk {-/é-tt
By
Title: City Manager
Date: ,f- /6 -// Date
COUNTY OF ORANGE, a polltical
subdivision of the State of California
By:
Steve Franks, Dírector
Orange County Community Resources
Date
/////il//t/il//ilt/il///il//t//il/t/ilil1//ll//////ll/illllllll///l//l//lll//llll///ll/l////l/l/ll/l//
ORIGINAL FORM CONTRACT
APPROVED AS TO FORM and REQUIRED COUNTY COUNSEL STATEMENT:
"The terms and provisions of the agreement are fully authorized under State and local law and the agreement full legal authority for the Cou
Date:
nty." ,l,l ixtt rt
31 EXHIBIT A
Cooperation Agreement "Small-C¡ty"
(This page ¡ntentionally left blank)
32 33
34 35
t
I
.l
2 COOPERATION AGREEMENT
AGREEMENT is entered into this F fgfaa7 ot eoos
BY AND BETWEEN
CITY OF LAGIINA BEACII a municipal
Corporation, hereinafter referred to as CITy,
COIJNTY OF ORAIIGE, a political
subdivision ofthe State of California and
recognized Urban County under the Federal
Housing and Community Development Act
of 1974 @ublic Law 93-383), as amended,
hereinafter referred to as "COUNTY'.
RECITAI,S
WHERËAS, Title I of the Housing and Community Development Act of l97a @ublic 93-383), as amended, hereinafter referred to as ACT, makes available to the COUNIy as an County, and to cities under 50,000 in populatioq grants through the Community Block Grant Program (hereinafter referred to as *CDBG'), and the HOME Partnership Program (hereinafter referred to as "HOME'), and any subsequent United States Department of Housing and Urban Development (hereinafter referred to as ',HUD',) which may become available to the COIJNTY to be used for eligible housing and community development activities; and
WHEREAS, the ACT requires such cities and the COUNTY to enter into cooperation in order for the cities to be included as part of the Urban County CDBG and HOI\48 and
include,
WHEREAS, the COTINTY and CITY desire to cooperate to undertake or assist in community development and lower income housing assistance activities, which but are not limited to, (1) acquisition of property for disposition for private reuse, low- and moderate-income housing, (2) direct rehabilitation of or financial for 3 4
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to housing (3) low rent housing activities, (4) disposition of lar,rd to private developers for appropriate redevelopment, and (5) condemnation ofproperty for low income housing NOW, TIIEREFORE, the parties agree as follows:
l- This Agreement shall constitute a cooperation agreement between the parties the meaning of Seøion 102 (aXb) of the ACT. The parties agree to cooperate to or assist in undertaking, activities which might include, but are not limited tq (l) acquisition of property for disposition for private reuse, especially for low- and moderate-income (2) direct rehabilitation of or financial assistance to housing, (3) low rent housing activities, (4) disposition of land to private developers for appropriate redevelopment, and (5) condemnation of property for low income housing-community. 2- COIJNTY shall have the authority to carry out activities, which will be funded annual CDBG or HOME Program funds appropriated for Federal Fiscal Years 2006-2007, 2007'2008, and 2008-2009 and from any program income generated from the expenditure of such 3- COUNTY shall have final responsibility for selecting aøivities and annually frling grant application (i.e. Annual lrodon Plan) with IIUD. In the preparatisl of s¿id applicatiorl COUNTY shall give due consideration to CITY's analysis of community development needs'and activities.
4. COUNTY certifies tllø,titis following an adopted Consolidated plan as required by CFRPat 9l and 24 CFRParr 570.306.
5. Since HUD \ryill not accept an Agreement including a provision for veto or other which would allow any party to obstruct implementation of the Consotidated plar¡ COIJNTY and CITY shall attempt to fi¡lfïll housing goals established by the HUD approved Consolidated Plan for the period of this Agreement
6. CITY acknowledges that it has adopted and is enforcing:
a- A policy prohibiting the use of excessive force by law enforcement agencies its jurisdiøion against any individuals engaged in non-violent civil rights demonstrations; and
b- A policy of enforcing applicable Stæe and local laws 4gainst physically barring entrance to or exit from a facility or location which is the zubject of such non-violent civil rights within jurisdictions.
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7. COtINTY and CITY agree to take all actions necessary to ensure compliance with Urban County's certificåtion required by Section 104 (b) of Title I of the Housing Community Act of 1974, as amended, including Title vI of the civil Rights Act of 1964, the Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1914, and other applicable laws; Failure by CITY to comply with these provisions or to afürmatively further fair housing within its own jurisdiction or impediment of the COTINTY's to comply with the COUNTY's fair housing certificatio4 which may constitute with the urban county CDBG and HOME Programs, which may cause funding sanctions or other remedial actions by HIJD and/or COIINTY.
8. In the event COUNTY's Urban County application is approved by HttD, COIJNTY shall contract with the CITY to utilize any such grant funds received from HUD which attributable to activities administered by CITY, unless another form of allocation is required This Agreement shall cover Program Years 32, 33 and 34 (Frscal Years 2006- 2007, 2007'2008 and 2008-2009, respectively) of CDBG and HOME program applications, including any subsequent Supplenrental 8ourc6Ê (Paragraph 23 below). In no cvcnt shall this agreement be terminated by either party before June 30, 2009, except as allowed in legislation by the U.S. Congress for termination or withdraw form the Urban County Program and as by HUD
10. In accordance with HUD Notice CPD 05-01, this agreement will be automatically extended for an additional three (3) year period (i.e, from July 1, 2009 to June 30, ZOl2) unless COUNTY or CITY provides written notice that it elects not to participate in a new qualification COIJNTY shall notifr CITY in uniting of its right not to participate no later than the date specified in IIUD's Urban County Qualification Notice for the next qualification period. ll. CITY and COUNTY agree to adopt amendment$) to this Agreement as may be by HIJD to meet any new Urban County Qualification requirement(s) subsequent to June 0,2009. The COUNTY will noti$ CITY of its right to terminate its participation in the program on the adoption of any such amendment. If either CITY or COIJNTY refuses to adopt any such amendment, this automatic renewal provision herein will be void.
12. The eligible activities to be undert¿ken during the terrr of this Agreement will be by CITY from those outhorizcd by HIJD Rules and Regulations gowrning the CDBG antl ?
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13. The parties agree to comply with the requirement(s) of the CDBG and HOME including laws and policies applicable to said Programs.
CITY acknowledges by its execution of CDBG and HOME cooperation agreement(s) that as included unit of general local government it:
a. May not apply for grants from appropriations under the Small Cities or State CDBG Programs for fiscal years during the period in'which it participates in the COLJNTYS program and;
b. May not participate in a HOME consortium except through the Urban County, regardless of whether the Urban County currently received a HOME formula allocation. c. May not terminate or withdraw from the Cooperation Agreement while it in effect until the CDBG and HOME funds and income received with respect to the year qualification period (and any suocessive qualification periods under agreements that for automatic renewals) are expended and the funded activities completed.
15. a. CITY must inform COLJNTY, through pcriodic rcports requested by COIINTY, of any income generated by the e4penditure of Program funds received by the CITY. Pursuant to applicable federal requirements, such program income must be paid to the COUNTY. CITY may such program income only if agreed upon by COLJNTY and used exclusively for eligible activitiès as determined by the COUNTY and in accordance with all CDBG and HOME Program as may then apply.
b. CITY shall keep and maintain appropriate records on the use of program income required by COIJNTY as the COTINTY has the responsibility of monitoring and reporting incometo HUD.
c. In the event of close-out or change in status of CITY, any progam income attbat time or received subsequent to the close-out or change in status shall be paitl by CITY to the COIJNTYwithin ninety (90) days afterthe expiration ofthe term ofthis Agreement.
16. a. Any proposed modification or change of use of any real property acquired or improved in whole or in part by the CITY using CDBG funds (from the use planned at the time of acquisition or improvement), including disposition, must be reported by CITY to the COLJNTY.
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COUNTY may approve the proposed modification or change of use. CITY shall not implement modification or change in use without COUNTY approval.
b. Should the disposition, sale or transfer of such real property acquired or improved in whole or in part using CDBG or HOME Program fr¡nds result in a use which does not qualify under CDBG or HOME Program regulations, the CITY shall reimburse COUNTY in the amount equal to the then current fair market value of the property (less any portion thereof attributable to expenditure of non-CDBGiHOME funds).
c. Any program income generated from the disposition, transfer or sale of such property prior to or subsequent to the close-out, change of status or termination of the cooperation agreement between the COUNTY and CITY may be either used by CITY for other specific eligible activities in the CITY or paid to the COUNTY for other eligible Urban County activities, as determined in advance of the expenditure at the discretion of the COUNTY.
17. a. CITY shall indemnify, hold harmless, and defend with counsel approved in by COUNTY, its offrcers, agents and employees against all liability, claims, losses, demands and actions for injury to or death of persons or damage to property arising out of or alleged to arise out of or in consequence of this Agreement including attomeys' fees, provided such liability, claims, demands, losses or actions are due to the acts or omissions of CITY, its officers, agents or employees in the performance of this Agreement, including any activities by CITY under its application.
b. In addition, CITY shall indemnif¡ defend with counsel approved in writing by UNTY, and hold harmless COUNTY against any liability, claims, losses, demands, and actions attomeys' fees incurred by COUNTY as a result of a determination by HUD that undertaken by CITY under CITY's application failed to comply with any laws, regulations, or policies applicable thereto or that any funds forwarded to CITY under this Agreement were improperly expended.
c. The provisions of Section 2778 of the California Civil Code, as said section exists on the effective date of this Agreement, shall be applicable to the above indemnification provisions. Transmittal to CITY of any pleadings served upon COUNTY shall be deemed to be a request to defend.
18. a. COUNTY shall indemnify, hold harmless and defend with counsel approved in writing by CITY, its officers, agents and employees against all liability, claims, losses, demands 5 200G20O8 Uó¡n CouDty Sm¡ll Clty AgruE€na reylæd M¡y 9, 2005 40 I
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and actions for injury to or death of persons or damage to property arising out of or alleged to arise of or in consequence of this Agreement, provided such liabilit¡ claims, demands, losses or actions are due to the acts or omissions of COUNTY, its offrcers, agents or employees in the performance of this Agreement, including any activities conducted by COUNTY under its application.
b. In addition, COUNTY shall indemnify, defend with counsel approved in writing by CITY, and hold harmless CITY against any liability, claims, losses, demands, and actions including attorneys' fees incurred by CITY as a result of a determination by HUD that activities undertaken by COUNTY under COUNTY's application failed to comply with any laws, or policies applicable thereto or that any funds forwarded to COUNTY under this were improperly expended.
c. The provisions of Section 2778 of the Califomia Civil code, as said section exists on the effective date of this Agreement, shall be applicable to the above indemnification provisions. Transmittal to COUNTY of any pleadings served upon CITY shall be deemed to be a request to defend.
19. COUNTY shall have the right to periodically audit CITY's records to determine compliance with this Agreement.
20. CITY shall forward to COUNTY a copy of each annual audit of the CITY conducted by an independent public auditor during the period of this Agreement as soon as the audit report becomes available. COUNTY shall have the right to ensure that necessary corrective actions are made by CITY for any audit findings pertinent to CITY handling of CDBG Program funding pursuant to federal requirements.
21. No CDBG or HOME Program funds shall be expended on any activity, which does affirmatively further fair housing goals within CITY.
22. Pursuant to 24 CFR Part 570.501(b) of CDBG and 24 CFR Part 92.504 of HOME regulations, CITY is subject to all requirements applicable to subrecipients, including the of a written agreement set forth in 24 CFR Part 570.503 of CDBG and 24 CFR Parts
92.505-509 of HOME program regulations.
23. This Cooperation Agreement shall apply to any supplemental program which HUD available through the CDBG or the HOME Programs.
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24. CITY may void this Agreement only if it zubmits to ÇOIJNTY on or before July 2005 the notification from HUD that CITY has qualified as a 'Metropolitan City'' or an City" prior to the completion of the re-qualification process for Fiscal Yeæs 2006, 2007-2008, 2008-2009. Upon such notification by HUD, CITY also must submit to COUNTY and HUD written notification of its decision to either remain in the Urban County as a "Metropolitan City" or become an "Entitlement city'' as a separate entity il
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Title:
IN \ryTINESS \ryHEREOF, CITY has caused this Agreement to be executed by its Manager and attested by its City Clerk; COI/NTY has caused this Agreement to be by the Director of the Housing and Community Services Department; each having been duly authorizedby the CITY Council and the COUNTY Boa¡d of Supervisors, respectively ATÏEST:
City oflagunaBeaclq a municipal By:
in the Name: Martha Anderson
Date:
Title:
6 Clerk
6 0
COUNTY OF ORAÌrIGE, o politicol
subdivision ofthe Stæe of California
By:
Paula Burrier-Lund, Director
Housing and Community
Services Department
Date: 6
Kenneth Frank
CityManager
a to oç
FORM CONTRACT
AS TO FORM and REQUIRED COIJNTY COTINSEL STATEMENT:
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4 terms and provisions of the agreement are fully authorized under State and local law and the provides full legal authority for the County."
ùù¿ P-a^n Date: 1l,for
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