067377 -
RESOLUTION NO..
BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA *****
RESOLUTION AUTHORIZING EXECUTION OF A COOPERATION AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND THE COUNTY OF SAN MATEO FOR THE
PURPOSE OF RECEIVING HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM FUNDS UNDER THE NATIONAL AFFORDABLE HOUSING ACT OF 1990 FOR FEDERAL FY'S 2006, 2007 AND 2008 WITH PROVISION FOR AUTOMATIC RENEWAL EVERY THREE YEARS
RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that
WHEREAS, in 1996, San Mateo County entered into a Cooperation Agreement (the "CDBG Cooperation Agreement") with 16 non-entitlement cities ("the cities"), herein jointly referred to as the "Urban County", whereby public entities not eligible to receive Community Development Block Grant (CDBG) funds on its own, could cooperate and participate in the San- Mateo County Urban County Program in order to access CDBG funding; and WHEREAS, the CD8G Cooperation Agreement, providing for automatic renewals every three years between the County of San Mateo and the cities, was renewed in 1999, 2002, and will renew again on July 30, 2005, unless action is taken by any of the cities to terminate; and WHEREAS, in addition to being eligible to applyfor CDBG funds through the Urban County's annual CDBG funding cycle, the cities are also eligible to participate in the Countys HOME funding cycle since the Urban; County is a member of the San Mateo County HOME Consortium; and
WHEREAS, the National Affordable Housing Act of 1990, Public Law 101-625, enacted November 28, 1990, provides for the distribution of federal funds through the HOME Investment Partnerships Act to eligible public entities; and
WHEREAS, those public entities which are eligible to receive said funds are metropolitan cities, urban counties, or consortia whose formula allocation for distribution of HOME funds is equal to or greater than $500,000; 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 to form a HOME Consortium for purposes of receiving HOME funds; and
WHEREAS, the County of San Mateo along with 16 participating cities, has heretofore qualified as an Urban County under the Housing and Community Development Act of 1974 and is eligible under the formula allocation to receive HOME funds: and WHEREAS, the County has solicited the cooperation and co-participation of public entities, eligible to receive HOME funding on its own, such as South San Francisco to establish a San Mateo HOME Consortium for purposes of receiving HOME funds under the National Affordable Housing Act and promoting affordable housing; and 067377
WHEREAS, City desires to cooperate and co-participate with County in a Consortium for purposes of receiving HOME funds and promoting affordable housing; and WHEREAS, County as the Lead Entity for the HOME Consortium is authorized to amend the Consortium Agreement, apply for funding, or add new members to the Consortium on behalf of the HOME Consortium; and
WHEREAS, a Cooperation Agreement by and between City and County establishes the formal relationship to cooperate and co-participate as a Consortium and is specifically authorized under the provisions of Government Code Section 26227; and WHEREAS, Federal regulations 24 CFR Part 92 governing the Home Investment Partnership Act state that the Cooperation Agreement must be completed and submitted by June 30, 2005; and
WHEREAS, City now desires to enter into the instant Cooperation Agreement with the County of San Mateo so that they may qualify, under applicable provisions of the National Affordable Housing Act and HUD regulations, as co-participant with County in eligible activities under the National Affordable Housing Act; and
WHEREAS, there has been presented to this Board of Supervisors for its consideration and acceptance the Agreement between the County of San Mateo and the City of South San Francisco, reference to which is hereby made for further particulars, and the Board of Supervisors has examined and approved the same as to form and content and desires to enter into the same.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the President of this Board of Supervisors be, and is hereby authorized and directed to execute said Agreements for and on behalf of the County of San Mateo and the Clerk of this Board shall attest the President's signature thereto.
067377
:%A
Regularly passed and adopted this 21" day of June, 2005.
AYES and in favor of said resolution:
Supervisors: MARK CHURCH
JERRY HILL
RICHARD S. GORDON
ROSE JACOBS GIBSON
ADRIENNE J. TISSIER
NOES and against said resolution:
Supervisors: NONE
Absent Supervisors: NONE
Do X.17
President, Board of Supervisors
County of San Mateo
State of California
Certificate of Delivery
I certify that a copy of the original resolution 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.
Marie X. teters
: Marie L. Peterson, Deputy
Clerk of the Board of Supervisors
067377
#067377
OF SAN
COOPERATION AGREEMENT.
BETWEEN
THE COUNTY OF SAN MATEO
AND
THE CITY OF SOUTH SAN FRANCISCO
Agency Contact Person:
Jack D. Marquis
HCD Specialist III
802-5035
5/24/2005 Page 1 of 7
COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN MATEO
AND THE CITY OF SOUTH SAN FRANCISCO
THIS AGREEMENT entered into this _ 2/ s _ day of Tune _ 2005, by and between the COUNTY OF SAN MATEO, a political subdivision of the State of California, hereinafter referred to as "County", and the CITY OF SOUTH SAN FRANCISCO, a duly incorporated City within the County of San Mateo, hereinafter referred to as "City".
WITNESSETH
WHEREAS, in 1996, San Mateo County entered into a Cooperation Agreement (the "CDBG Cooperation Agreement") with 16 non-entitlement cities ("the cities"), herein jointly referred to as the "Urban County", whereby public entities not eligible to receive Community Development Block Grant (CDBG) funds on its own, could cooperate and participate in the San Mateo County Urban County Program in order to access CDBG funding; and WHEREAS, the CDBG Cooperation Agreement, providing for automatic renewals every three yéars between the County of San Mateo and the cities, was renewed in 1999, 2002, and will renew again on July 30, 2005, unless action is taken by any of the cities to terminate; and WHEREAS, in addition to being eligible to apply for CDBG funds through the Urban County's annual CDBG funding cycle, the cities are also eligible to participate in the Countys HOME funding cycle since the Urban County is a member of the San Mateo County HOME Consortium; and
WHEREAS, the National Affordable Housing Act of 1990, Public Law 101-625, enacted November 28, 1990, provides for the distribution of federal funds through the HOME Investment Partnerships Act to eligible public entities; and
WHEREAS, those public entities which are eligible to receive said funds are metropolitan cities, urban counties, or consortia whose formula allocation for distribution of HOME funds is equal to or greater than $500,000; 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 to form a HOME Consortium for purposes of receiving HOME funds; and
WHEREAS, the County of San Mateo along with 16 participating cities, has heretofore qualified as an Urban County under the Housing and Community Development Act of 1974 and is eligible under the formula allocation to receive HOME funds; and WHEREAS, the County has solicited the cooperation and co-participation of public entities, eligible to receive HOME funding on its own, such as South San Francisco to establish a San Mateo HOME Consortium for purposes of receiving HOME funds under the National Affordable Housing Act and promoting affordable housing; and WHEREAS, City desires to cooperate and co-participate with County in a Consortium for purposes of receiving HOME funds and promoting affordable housing; and WHEREAS, County as the Lead Entity for the HOME Consortium is authorized to amend the Consortium Agreement, apply for funding, or add new members to the Consortium on behalf of the HOME Consortium; and
WHEREAS, a Cooperation Agreement by and between City and County establishes the formal relationship to cooperate and co-participate as a Consortium and is specifically authorized under the provisions of Government Code Section 26227; and WHEREAS, Federal regulations 24 CFR Part 92 governing the Home Investment Partnership Act state that the Cooperation Agreement must be completed and submitted by June 30, 2005; and
WHEREAS, City now desires to enter into the instant Cooperation Agreement with the County of San Mateo so that they may qualify, under applicable provisions of the National Affordable Housing Act and HUD regulations, as co-participant with County in eligible activities under the National Affordable Housing Act.
NOW, 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 City to • continue to cooperate in undertaking, or assisting in undertaking, public-private partnerships to provide more affordable housing within San Mateo County through the use of HOME funds to carry out multi-year housing strategies through acquisition, rehabilitation, new construction of housing, tenant-based rental assistance and financing of rental housing and first-time homeowners programs, primarily to benefit low and very low income households. Accordingly, they agree and declare that they are a Consortium (the "Consortium") as herein described.
2. Term: The term of this agreement shall be for the Federal fiscal years 2006, 2007 and 2008, unless HUD earlier revokes the Consortium's designation as a participating jurisdiction. This agreement shall remain in effect until the HOME funds from each of the Federal fiscal years are closed out pursuant to Federal regulation 24 CFR 92.507.
This Agreement shall renew automatically every three years for a new three year period on the same terms and conditions contained herein unless the Consortium membership has changed or a consortium member (e.g., the City) expressly chooses not to participate and submits a written request to that effect. No later than June 1, of the fiscal year prior to the beginning of the next successive three-year renewal (or such other date that may be specified in HUD's consortia designation notices), the County as lead entity of the Consortium, shall notify each consortium member in writing of its right to not participate for the up-coming three-year period. A member who chooses not to participate must notify the County in writing no later than June 15, of that year. If the County fails to give the required notice, this Agreement shall not automatically renew for the up-coming three year period.
3. Consortium Representative: The County of San Mateo is authorized to act in a representative capacity for all Consortium member units of general local government (including City) for the purposes of the HOME program.
4. Consortium Responsibility:
a. Consortium Representative's Responsibility: County, as designated representative of the Consortium, has the ultimate and overall responsibility, under the Act, and in the view of HUD, for ensuring that the Consortium's HOME program is carried out in compliance with the requirements of 24 CFR Part 92, including the submission of a Program Description for the use of HOME funds which has been mutually agreed upon by City and County, and for providing all assurances or certifications required under 24 CFR Part 92. The Program Description sets forth the Consortium's estimated use of HOME funds (consistent with needs identified in its approved consolidated housing strategy) within each of the eligible activity categories.
Therefore, County requires City, and City agrees to, strict adherence to the Program Description as approved, and to all assurances and certifications provided, including agreeing to take all actions necessary to assure compliance with the County's certifications under the Fair Housing Act; Executive Order 11063 (Equal Opportunity in Housing) and Title VI of the Civil Rights Act of 1964; and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. County shall not provide HOME funds for activities in, or in support of, any cooperating city that does not affirmatively further fair housing within its own jurisdiction or for activities that impede the County's actions to comply with its fair housing certification. In addition, the County and City are responsible for taking all required actions to comply with the provisions of the National Environmental Policy Act of 1969. b. City Subject to Same Requirements as Subrecipients: Pursuant to 24 CFR
92.504(a), City is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement set forth in 24 CFR 92.504(b).
County, as Consortium representative, has the responsibility for ensuring that HOME funds are used in accordance with all program requirements, for determining the adequacy of performance under agreements and procurement contracts, and for taking appropriate action when performance problems arise. Therefore; before disbursing any HOME funds to City or projects in City, County will require City, and City, agrees to, enter into a written agreement for each individual project.
5. Membership: The County of San Mateo is authorized to amend the Consortium Agreement on behalf of the entire consortium to add new members to the Consortium.
The City and all other Consortium members agree to be bound by any such amendments.
6. Equal Employment Opportunities: Under County's ultimate supervision and responsibility as Consortium representative, City covenants and agrees that they will abide by and enforce all applicable equal employment requirements including, but not limited to, Executive Order 11246 (Equal Employment Opportunities Act).
7. County's Responsibility to City: In addition to the foregoing obligations, County agrees:
a. As Consortium representative, County shall, in preparing future plans under the National Affordable Housing Act, solicit to the extent allowed by the Act and all HUD regulations, City's participation in the development of such future plans which refer to City's activities under the Act.
b. As Consortium representative, County agrees to distribute funding it receives from the Consortium's 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 of HUD by the National Affordable Housing Act. As Consortium representative, the County recognizes that City has specific geographical housing needs that are described in the Consolidated Housing & Community Development Plan, representing approximately 14-16% of the Consortium's needs as defined by HUD allocation formulas. Accordingly, the County will consider these needs in the distribution of the annual HOME funds.
c. As Consortium representative, County agrees to allocate one percent (1%) of the Consortium's total annual allocation to City for general administration activities.
8. City's Responsibilities to County: In addition to the foregoing obligations:
a. City agrees to expend any funds received by virtue of any of the Consortium'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 Consortium representative in the development of future plan applications for HOME funds under the Act, with regard to affordable housing development activities to be continued or undertaken by City within its boundaries.
. c. City agrees, in return for the distribution of general administration funds, to participate in the preparation of the Consolidated Housing & Community Development Plan, prepare annual reports as they relate to City, and to perform other activities pertinent for Entitlement Cities participating in the HOME program.
9. Local HOME Investment Trust Fund:
a. As Consortium representative, County must establish a local HOME Investment Trust Fund account.
b. Any repayments of HOME funds and matching, contributions and any payment of interest or other return on the investment of HOME funds and matching contributions must be placed in the local HOME Investment Trust Fund account. c. County has the responsibility for monitoring and reporting to HUD on the use of any such local HOME Investment Trust Fund monies and County shall require appropriate record keeping and reporting by City as may be needed for this purpose. d. In the event of close-out or change in status of City, any HOME program income that is on hand or received subsequent to the close-out or change in status shall be paid into the local HOME Investment Trust Fund administered by the County as Consortium representative.
10. Fair Housing: The parties hereto agree to affirmatively further fair housing, which means they will conduct an analysis of impediments to fair housing choice within their jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard.
11. 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.
12. Minor Amendments to the Agreement: 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 this Agreement, such changes may be made administratively with the written consent of the City Manager of City and the County Manager. All remaining provisions of said agreement shall remain in full force and effect for the term provided herein.
13. Signature in Counterpart: This Agreement may be executed in counterparts, each part of which is deemed an original but all of which shall constitute one and the ... same agreement.
day and year first above written and have affixed their hands to this Cooperation IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Agreement.
COUNTY OF SAN MATEO
Gen 1.
Rich Gordon, President Board of
ATTEST: Supervisors, San Mateo County
Certficate of Delivery
(Government Code Section 25103)
I certify that a copy of the original document filed ir Clerk : of Said Board the Office of the Clerk of the Board of Supervisers:
San Mateo County has been delivered to the
President of the Board of Supervisors.
Marie D: Peterson
Deputy Clerk of the Board of Supervisors
CITY OF SOUTH SAN FRANCISCO
ATTEST: City Manager
City Clerk
Approved as to form
Date: 6-15-05
By
City Attorney
KESULUTIUN NU. 58-2005
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STA: ¿ OF CALIFORNIA
A RESOLUTION AUTHORIZING A COOPERATION AGREEMENT
WITH SAN MATEO COUNTY TO SECURE AND AWARD HOME
PARTNERSHIP FUNDS THROUGH THE COUNTY HOME
CONSORTIUM FOR THE CITY OF SOUTH SAN FRANCISCO
WHEREAS, staff recommends authorizing a Cooperation Agreement with San Mateo County to secure and award HOME Partnership Funds through the County HOME Consortium for the City of South San Francisco.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes a Cooperation Agreement with San Mateo County to secure and award HOME Partnership Funds through the County HOME Consortium for the City of South San Francisco.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute documents necessary to effectuate the Cooperation Agreement for the HOME Partnership program funds.
* * * * *
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 regular meeting held on the 8" day of June 2005 by the following vote:
AYES: Councilmembers Richard A. Garbarino, Pedro Gonzalez and Karyl Matsumoto,.
Mayor Pro Tem Joseph A. Fernekes and Mayor Raymond L. Green NOES: None.
ABSTAIN: None.
ABSENT: None.
STATE OF CALIFORNIA ATTEST:
y ss
COUNTY OF SAN MATEO City Cler
1, Sylvia M. Payze, City Clerk of the city of South San Francisco, County of San Mateo, State of California, an ex-officio Clerk of the City Council thereof, do hereby certify that the above and foregoing is a full, true and correct copy of
58-2005
the original of which is on file in my office, and that i have carefully compared the same with the original.
IN WITNESS WHEREOF I have hereunto set my hand and the seal of the City of South San Francisso this_/Oth day of June 2005 SYLVIA M. PAYNE
City Clerk and Ex-officio Clerkof the City Council eithe City of South San Francisco
By- City Clerk
Ru
RESOLUTION NO. 073948
BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA ******
RESOLUTION AUTHORIZING AN AMENDMENT TO HOME COOPERATIVE AGREEMENT THAT: A) INCLUDES THE CITY OF SAN MATEO INTO THE SAN MATEO COUNTY HOME CONSORTIUM; AND B) AUTOMATICALLY RENEWS THE
AMENDED AGREEMENT FOR SUCCESSIVE QUALIFICATION PERIODS TO
REMAIN IN EFFECT AT LEAST UNTIL THE HOME FUNDS FROM EACH OF THE
FEDERAL FISCAL YEARS OF THE AGREEMENT'S SPECIFIED PERIODS, AND
EACH SUCCESSIVE QUALIFICATION PERIOD FOR WHICH THE AGREEMENT IS RENEWED, ARE EXPENDED ON ELIGIBLE ACTIVITIES.
RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that
WHEREAS, the San Mateo County HOME Consortium (the "HOME Consortium") includes the County of San Mateo and the City of South San Francisco; and WHEREAS, the HOME Consortium manages the combined federal HOME Program funding through the efforts of the San Mateo County Department of Housing; and WHEREAS, the City of San Mateo wished to join the HOME Consortium, adding their HOME allocation to that of the Consortium; and
WHEREAS, the combined allocation dedicated to the HOME Consortium would help address critical housing needs within the County; and WHEREAS, the Board approved the inclusion of the City of San Mateo into the Consortium on April 28, 2015; and
WHEREAS, the U.S. Department of Housing and Urban Development required that the HOME Cooperative Agreement be amended to include the City as a participant in the Coalition and proscribing automatic renewal provisions for the agreement; NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the Board of Supervisors authorizes an amendment to the HOME Cooperative Agreement that includes the City of San Mateo into the San Mateo County Home Consortium and automatically renews the Amended Agreement for successive qualification periods to remain in effect at least until the HOME funds from each of the federal fiscal years of the Agreements specified periods, and each successive qualification period for which the Agreement is renewed, are expended on eligible activities. * * * * *
RESOLUTION NUMBER: 073948
Regularly passed and adopted this 21st day of July 2015 AYES and in favor of said resolution:
Supervisors: CAROLE GROOM
DAVE PINE
DON HORSLEY
WARREN SLOCUM
ADRIENNE J. TISSIER
NOES and against said resolution:
Supervisors: NONE
Absent Supervisors: NONE
Cardle groom
President, Board of Supervisors
County of San Mateo
State of California
Certificate of Delivery
I certify that a copy of the original resolution 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. steal
Sukhmani Purewal, Deputy
Clerk of the Board of Supervisors
FIRST AMENDMENT TO COOPERATION AGREEMENT
OF THE SAN MATEO COUNTY HOME CONSORTIUM
UNDER THE CRANSTON-GONZALEZ NATIONAL AFFORDABLE HOUSING ACT This FIRST AMENDMENT TO COOPERATION AGREEMENT ("First Amendment") is made as of this 21st day of July, 2015, by and among the Board of Supervisors of San Mateo County, California, a political subdivision of the State of California (hereinafter "County"), the City of San Mateo (hereinafter "City"), and the U.S. Department of Housing and Urban Development (hereinafter "HUD"), and amends the Cooperation Agreement Between the County of San Mateo and the City of South San Francisco under the Cranston-Gonzalez National Affordable Housing Act among the parties dated June 21, 2005 (the "Agreement").
The purpose of this First Amendment is to add the City of San Mateo as a member of the San Mateo County HOME Consortium and to incorporate the HUD required changes in CPD Notice 13-002 to the automatic renewal provisions of cooperation agreements.
Accordingly, the parties agree as follows, as provided by Section 5 of the Cooperative Agreement giving the County authorization to amend the agreement on behalf of the entire consortium to add new members:
1. The City of San Mateo is hereby added as a party to the Cooperative Agreement with equal status to the City of South San Francisco.
2. Throughout the Cooperative Agreement, the identification "City" shall be changed to "Cities".
3. Section 2 of the Agreement is hereby deleted and replaced with the following:
2. Term:
a. The term of this agreement shall be for the Federal fiscal years 2006, 2007 and 2008, unless HUD earlier revokes the Consortium's designation as a participating jurisdiction. This agreement shall remain in effect until the HOME funds from each of the Federal fiscal years are closed out pursuant to Federal regulation 24 CFR 92.507.
b. Automatic Renewal: Subject to the terms below, this Agreement shall automatically be renewed for participation in successive three year qualification periods. Prior to such renewal, and by fifteen (15) days prior to the date specified in HUD's Consortia Designation Notice(s) or HOME Consortia web page, the County, as lead entity, will notify the Cities in writing of their right not to participate for the successive three year qualification periods. A copy of this notification shall also be sent to HUD by the County as specified in the Consortia Designation Notice.
If a Consortium Member decides not to participate in the Consortium for the next qualification period, the Consortium Member shall notify the County, and the County shall notify the HUD Field Office, before the beginning of the new qualification period.
Before the beginning of each new qualification period, the County shall submit to the HUD Field Office a statement of whether or not any amendments have been made to this agreement, a copy of each amendment to this agreement, and, if the Consortium's membership has changed, the state certification required under 24 CFR Section 92.101(a)(2)(i). The Consortium shall adopt any amendments to this agreement that are necessary to meet HUD requirements for consortium agreements in successive qualification periods.
The automatic renewal of this agreement will be void if: the County fails to notify a Consortium member or the HUD Field Office as required under this automatic renewal provision or the County fails to submit a copy of each amendment to this agreement as required under this automatic renewal provision.
4. The remaining terms and conditions of the Agreement shall continue in full force and effect.
COUNTY OF SAN MATEO
carole groom
Carole Groom
President, Board of Supervisors
ATTEST:
Clerk of Said Board
July 21, 2015
CITY OF SAN MATEO
Larry A. Patterson, City Manager
Approved as to Form
City Attorney
Resolution #073948
CITY OF SAN MATEO
RESOLUTION NO. 73 (2015)
RESCINDING THE 2015 HOME COOPERATIVE AGREEMENT AND APPROVING AN AMENDMENT TO THE 2005 HOME COOPERATIVE AGREEMENT TO INCLUDE
THE CITY OF SAN MATEO
WHEREAS, the Council recently approved a HOME Cooperative Agreement to join the existing consortium for the purpose of applying for federal HOME funds for affordable housing programs and projects ratherthan continuing as an individual participating jurisdiction in the program; and WHEREAS, as detailed in the accompanying administrative report, it is advantageous for the City to participate in the Cooperative Agreement; and
WHEREAS, upon submission of the 2015 Cooperative Agreement to HUD, it was requested that the 2015 Agreement be restructured as an amendment to the original 2005 Cooperative Agreement; and WHEREAS, to accommodate HUD's request, it is necessary to rescind the 2015 HOME Cooperative Agreement and approve an amendment to the 2005 HOME Cooperative Agreement to include the City; and
WHEREAS, authorization for the automatic renewal of the agreement is required so that the agreement remains effective at least until the HOME funds from each of the federal fiscal years of the agreement's specified qualification period and each successive qualification period for which the agreement is renewed, are expended on eligible activities;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:
1. The HOME Cooperative Agreement, approved in June 2015, is rescinded.
2. The Amendment to the HOME Cooperative Agreement, originally executed in 2005, to include the City of San Mateo, is approved.
3. The City Manager is authorized to executive the Amendment, in substantially the form submitted, and other related documents.
4. The automatic renewal of the agreement for successive qualification periods is authorized, allowing the agreement to remain effective at least until the HOME funds from each of the federal fiscal years of the agreement's specified qualification period, and each successive qualification period for which the agreement is renewed, are expended on eligible activities.
RESOLUTION NO. 73 (2015) adopted by the City Council of the City of San Mateo, California, at a regular meeting held on July 20, 2015, by the following vote of the City Council:
Resolution No. 73 (2015) Page 2 of 2
HOME Cooperation Agreement Amendment
AYES: Council Members Freschet, Matthews, Bonilla, Goethals and Lim NOES: None
ABSENT: None
ATTEST:
Yero My. Old
Patrice M. Olds, City Clerk Maureen Freschet, Mayor
FIRST AMENDMENT TO COOPERATION AGREEMENT
OF THE SAN MATEO COUNTY HOME CONSORTIUM
UNDER THE CRANSTON-GONZALEZ NATIONAL AFFORDABLE HOUSING ACT This FIRST AMENDMENT TO COOPERATION AGREEMENT ("First Amendment") is made as of this 21st day of July, 2015, by and among the Board of Supervisors of San Mateo County, California, a political subdivision of the State of California (hereinafter "County"), the City of San Mateo (hereinafter "City"), and the U.S. Department of Housing and Urban Development (hereinafter "HUD"), and amends the Cooperation Agreement Between the County of San Mateo and the City of South San Francisco under the Cranston-Gonzalez National Affordable Housing Act among the parties dated June 21, 2005 (the "Agreement").
The purpose of this First Amendment is to add the City of San Mateo as a member of the San Mateo County HOME Consortium and to incorporate the HUD required changes in CPD Notice 13-002 to the automatic renewal provisions of cooperation agreements.
Accordingly, the parties agree as follows, as provided by Section 5 of the Cooperative Agreement giving the County authorization to amend the agreement on behalf of the entire consortium to add new members:
1. The City of San Mateo is hereby added as a party to the Cooperative Agreement with equal status to the City of South San Francisco.
2. Throughout the Cooperative Agreement, the identification "City" shall be changed to "Cities".
3. Section 2 of the Agreement is hereby deleted and replaced with the following:
2. Term:
a. The term of this agreement shall be for the Federal fiscal years 2006, 2007 and 2008, unless HUD earlier revokes the Consortium's designation as a participating jurisdiction. This agreement shall remain in effect until the HOME funds from each of the Federal fiscal years are closed out pursuant to Federal regulation 24 CFR 92.507.
b. Automatic Renewal: Subject to the terms below, this Agreement shall automatically be renewed for participation in successive three year qualification periods. Prior to such renewal, and by fifteen (15) days prior to the date specified in HUD's Consortia Designation Notice(s) or HOME Consortia web page, the County, as lead entity, will notify the Cities in writing of their right not to participate for the successive three year qualification periods. A copy of this notification shall also be sent to HUD by the County as specified in the Consortia Designation Notice.
If a Consortium Member decides not to participate in the Consortium for the next qualification period, the Consortium Member shall notify the County, and the County shall notify the HUD Field Office, before the beginning of the new qualification period.
Before the beginning of each new qualification period, the County shall submit to the HUD Field Office a statement of whether or not any amendments have been made to this agreement, a copy of each amendment to this agreement, and, if the Consortium's membership has changed, the state certification required under 24 CFR Section 92.101(a)(2)(i). The Consortium shall adopt any amendments to this agreement that are necessary to meet HUD requirements for consortium agreements in successive qualification periods.
The automatic renewal of this agreement will be void if: the County fails to notify a Consortium member or the HUD Field Office as required under this automatic renewal provision or the County fails to submit a copy of each amendment to this agreement as required under this automatic renewal provision.
1. The remaining terms and conditions of the Agreement shall continue in full force and effect.
COUNTY OF SAN MATEO
Carole Groom
President, Board of Supervisors
ATTEST:
Clerk of Said Board
CITY OF SAN MATEO
a Satter
Larry A. Pate son, Cly Manager
Approved as to Form
ATTEST:
MATE
City Clerk
IA *