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HomeMy WebLinkAboutAGMT - Orange County Housing & Community Services Dept. (Cooperation Agmt - HUD) Amendment 1-6) Pending Return from CountyAMENDMENT SIX TO COOPERATION AGREEMENT BETWEEN THE COUNTY OF ORANGE AND CITY OF SEAL 13EAG0 This Amendment Number SIX (hereinafter "Amendment SIX") is made and entered into by the County of Oran e, a political subdivision of the State of California, ("COUNTY") and CITY OF EAI Gig a municipal corporation, ("CITY"), IEU Number which are sometimes individually referred to as "Party" or collectively referred to as "Parties", and is effective as of July 1, 2024, 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, U.S. Department of Housing and Urban Development ("HUD") Notice CPD -23-02 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 provided to HUD; and WHEREAS, COUNTY sent CITY a letter notifying CITY of such renewal on April 28, 2023; and WHEREAS, CITY did not advise COUNTY that'it wished to terminate the Original Agreement with County; and WHEREAS, the'Parties agree to further amend the Original Agreement at this time in the manner set forth herein. Pagel of 6 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 2024-2025, 2025=2026 and 2026-2027 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 2024-2025, 2025-2026 and 2026- 2027, 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, 2027, 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." 4. Section 10 shall be added to Agreement to read: "In accordance with HUD Notice CPD 23-03, and subsequent CPD Notices, this Agreement will be automatically extended for an additional 3 (three) year period (July 1, 2024 to June 30, 2027) unless COUNTY or CITY provides written notice that it elects not to participate in a new qualification period. A copy of the notice must be sent to HUD Field Office. 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." Page 2 of 6 5. 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, 2024 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, this automatic renewal provision herein will be void." 6. Section 14 of the Original Agreement is amended to add subsection (d) as follows: "d. May receive a formula allocation under the ESG Program only through the Urban County." 7. 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 2023 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 2024-25, 2025-2026, and 2026- 2027. 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." II. Additional Agreements 1. The COUNTY and the CITY agree to cooperate to undertake, or assist in undertaking, community renewal and lower-income housing assistance activities. 2. 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, that the grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964 and the Fair Housing Act and will affirmatively further fair housing as required under See 24 CFR 91.225(a) and 5.105(x). The Parties shall comply with section 109 of Title I of the Housing and Community Development Act of 1974, which incorporates Section 504 of the Rehabilitation Act of 1973 of Title II of the Americans with Disabilities Act, the Age Discrimination Act of 1975, and Section 3 of the Housing and Urban Development Act of 1968, and all other applicable laws. 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 Page 3 of 6 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. 3. The CITY, 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 non - Federal considerations, but must use such funds for activities eligible under title I of the Act. 4. 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 SIX, remain unchanged and in full force and effect. Page 4 of 6 IN WITNESS WHEREOF, CITY has caused this Amendment SIX to be executed by its City Manager and attested by its City Clerk; COUNTY has caused this Amendment FIVE 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. City of SEAL BEa municipal Corpo ation in to of California By: Nam ILL F. IN61ZAM Title: City Manager Date: 05 f 0912()23 Name: GLDR1A Title: City Clerk Date: J ° COUNTY OF ORANGE, a political subdivision of the State of California By: Dylan Wright, Director Orange County Community Resources Date: Page 5 of. 6 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 provides full legal authority for the County." By: Deputy County Counsel Date: U'D 424-B Page 6 of 6 x DocuSign Envelope ID: C4534A96-AD66-4DD1-8144-9DDECE961678 Attachment I AMENDMENT FIVE TO COOPERATION AGREEMENT BETWEEN THE COUNTY OF ORANGE AND CITY OF SEAL BEACH This Amendment Number FIVE (hereinafter "Amendment FIVE") is made and entered into by the County of Orange, a political subdivision of the State of California, ("COUNTY") and CITY OF SEAL BEACH, a municipal corporation, ("CITY"), DUNS Number 060752607 which are sometimes individually referred to as "Party" or collectively referred to as "Parties", and is effective as of July 1, 2021, 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, U.S. Department of Housing and Urban Development ("HUD") Notice CPD -20-03 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; and WHEREAS, COUNTY sent CITY a letter notifying CITY of such renewal on April 17, 2020; and WHEREAS, CITY did not advise COUNTY that it wished to terminate the Original Agreement with County; 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: Page 1 of 6 PAGE 1 of 6 DocuSign Envelope ID: C4534A96-AD66-4DD1-B144-9DDECE961 B78 Attachment I 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 2021-2022, 2022-2023 and 2023-2024 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 2021-2022, 2022-2023 and 2023-2024, 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, 2024, 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." 4. Section 10 shall be added to Agreement to read: "In accordance with HUD Notice CPD 20-03, and subsequent CPD Notices, this Agreement will be automatically extended for an additional 3 (three) year period (July 1, 2024 to June 30, 2027) unless COUNTY or CITY provides written notice that it elects not to participate in a new qualification period. A copy of the notice must be sent to HUD Field Office. 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. Section 11 of the Original Agreement is amended to read: Page 2 of 6 PAGE 2 of 6 DocuSign Envelope ID: C4534A96-AD66-4DD1-6144-9DDECE961B78 Attachment I "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, 2021 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, this automatic renewal provision herein will be void." 6. Section 14 of the Original Agreement is amended to add subsection (d) as follows: "d. May receive a formula allocation under the ESG Program only through the Urban County." 7. 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 2020 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 2021-22, 2022-2023, and 2023-2024. 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." II. Additional Agreements 1. The COUNTY and the CITY agree to cooperate to undertake, or assist in undertaking, community renewal and lower-income housing assistance activities. 2. 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, that the grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964 and the Fair Housing Act and will affirmatively further fair housing as required under See 24 CFR 91.225(a) and 5.105(a). The Parties shall comply with section 109 of Title I of the Housing and Community Development Act of 1974, which incorporates Section 504 of the Rehabilitation Act of 1973 of Title II of the Americans with Disabilities Act, the Age Discrimination Act of 1975, and Section 3 of the Housing and Urban Development Act of 1968, and all other applicable laws. 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 Page 3 of 6 PAGE 3 of 6 DocuSign Envelope ID: C4534A96-AD66-4DD1-6144-91DDECE961B78 Attachment I remedial actions by the Department. 3. The CITY, 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 non -Federal considerations, but must use such funds for activities eligible under title I of the Act. 4. 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 FIVE, remain unchanged and in full force and effect. Page 4 of 6 PAGE 4 of 6 DocuSign Envelope ID: C4534A96-AD66-4DD1-8144-9DDECE961B78 Attachment I IN WITNESS WHEREOF, CITY has caused this Amendment FIVE to be executed by its City Manager and attested by its City Clerk; COUNTY has caused this Amendment FIVE 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 Seal Beach, a municipal Cor ration irlieD Stat f a i r is By: } By Ji R Ingram, City Manag Date: A&A 4 I Zo Z o Date COUNTY OF ORANGE, a political subdivision &fSl ig Ptate of California DS By: Dylan —WA Ff ',6 hector Orange County Community Resources Date: 8/6/2020 Page 5 of 6 PAGE 5 of 6 DocuSign Envelope ID: C4534A96-AD66-4DD1-8144-9DDECE961B78 Attachment I IIIHIIIIII IIIIIIIIIIIIIIIIIiiiiiiiiiiiiIIIIIIIIIIIIiiiiiiiiiiiiiiiiiiiiiiii11l111iiiiiiii 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 theprovi es full legal authority for the County." 8y: Deptveounsel Date: 6/25/2020 Page 6 of 6 PAGE 6 of 6 DocuSign Envelope ID: C4534A96-AD66-4DD1-B144-9DDECE961B78 Cerdfication of AgreemenUl la Date: 8/6/2020 To: Clerk of the Board of Supervisors From: OCCR/ OC Housing and Community Development 20-000408 7/28/20 0 4 Re: ASR Control #: . Meeting Date Agenda Item No. # _ I certify that the attached fully executed complete agreement (and all exhibits and/or attachments referenced within the agreement) is an exact iteration of the agreement(s) presented to and approved by the Board of Supervisors on the above listed meeting date. I further certify that I have been authorized to execute said agreement(s) and have personally executed same. Julia Bidwell Director Name Title ;DoeuSiynad by: OL 6j"a 8/6/2020 Signature Date AMENDMENT FIVE TO COOPERATION AGREEMENT BETWEEN THE COUNTY OF ORANGE AND CITY OF SEAL BEACH This Amendment Number FIVE (hereinafter "Amendment FIVE") is made and entered into by the County of Orange, a political subdivision of the State of California, ("COUNTY") and CITY OF SEAL BEACH, a municipal corporation, ("CITY"), DUNS Number 060752607 which are sometimes individually referred to as "Party" or collectively referred to as "Parties", and is effective as of July 1, 2021, 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, U.S. Department of Housing and Urban Development ("HUD") Notice CPD -20-03 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; and WHEREAS, COUNTY sent CITY a letter notifying CITY of such renewal on April 17, 2020; and WHEREAS, CITY did not advise COUNTY that it wished to terminate the Original Agreement with County; 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: Page 1 of 6 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 2021-2022, 2022-2023 and 2023-2024 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 2021-2022, 2022-2023 and 2023-2024, 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, 2024, 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." 4. Section 10 shall be added to Agreement to read: "In accordance with HUD Notice CPD 20-03, and subsequent CPD Notices, this Agreement will be automatically extended for an additional 3 (three) year period (July 1, 2024 to June 30, 2027) unless COUNTY or CITY provides written notice that it elects not to participate in a new qualification period. A copy of the notice must be sent to HUD Field Office. 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. Section 11 of the Original Agreement is amended to read: Page 2 of 6 "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, 2021 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, this automatic renewal provision herein will be void." 6. Section 14 of the Original Agreement is amended to add subsection (d) as follows: "d. May receive a formula allocation under the ESG Program only through the Urban County." 7. 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 2020 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 2021-22, 2022-2023, and 2023-2024. 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." II. Additional Agreements 1. The COUNTY and the CITY agree to cooperate to undertake, or assist in undertaking, community renewal and lower-income housing assistance activities. 2. 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, that the grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964 and the Fair Housing Act and will affirmatively further fair housing as required under See 24 CFR 91.225(a) and 5.105(a). The Parties shall comply with section 109 of Title I of the Housing and Community Development Act of 1974, which incorporates Section 504 of the Rehabilitation Act of 1973 of Title II of the Americans with Disabilities Act, the Age Discrimination Act of 1975, and Section 3 of the Housing and Urban Development Act of 1968, and all other applicable laws. 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 Page 3 of 6 remedial actions by the Department. 3. The CITY, 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 non -Federal considerations, but must use such funds for activities eligible under title I of the Act. 4. 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 FIVE, remain unchanged and in full force and effect. Page 4 of 6 IN WITNESS WHEREOF, CITY has caused this Amendment FIVE to be executed by its City Manager and attested by its City Clerk; COUNTY has caused this Amendment FIVE 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. IN. ATTEST: City of Seal Beach, a municipal }, h Cor ration in Stat f a i r is,cCj09EA �A By: By: L: Ji R Ingram, City Manag r Gloria Harpe ,Cit erk Date: to I 4 ` ZOZO Date: COUNTY OF ORANGE, a political subdivision of the State of California By: Dylan Wright, Director Orange County Community Resources Date: Page 5 of 6 HIIII//////////////////////////////IHIII//////IIIIIIIIII//////////////////////////////// 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 provides full legal authority for the County." By: Deputy County Counsel Date: Page 6 of 6 AMENDMENT FOUR TO COOPERATION AGREEMENT BETWEEN THE COUNTY OF ORANGE AND CITY OF SEAL BEACH This Amendment Number FOUR (hereinafter "Amendment FOUR") is made and entered into by the County of Orange, a political subdivision of the State of California, ("COUNTY") and CITY OF SEAL BEACH, a municipal corporation, ("CITY"), DUNS Number 060752607 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, effective as of July 1 2012; 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 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; and WHEREAS, COUNTY sent CITY a letter notifying CITY of such renewal on February 2, 2017; 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: "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 Federal Fiscal Years 2018-2019, 2019-2020 and 2020-2021 and from any program income generated from the expenditure of such funds." Page 1 of 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 2018-2019, 2019-2020 and 2020- 2021, 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, 2021, 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 14-07, and subsequent CPD Notices, this Agreement will be automatically extended for an additional 3 (three) year period (July 1, 2021 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 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. 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, 2020. 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." 6. Section 24. Is amended to read: "CITY may void this Agreement only if it submits to COUNTY on or before June 2017 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 2018-19, 2019-2020, and 2020-2021. 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. Section 25 shall be added to the Agreement to read: Per HUD Published Notice CPD -17-03, "A unit of general local government may not sell, trade, or otherwise transfer all or any portion of such funds to a metropolitan city, urban county, unit of general local government, or Page 2 of 4 Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or non -Federal considerations, but must use such funds for activities eligible under Title I of the Housing and Community Development Act of 1974, as amended. 8. 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 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 Supervisors, respectively. City of Seal Beach, a municipal Corporation i e S,i to of California By: I I 1 S Namu\i11 Title: City Njar � Date: II I Approved r ag �>ceeie City Attorney City of Seal Beach ATTEST: By: N "w, Name: �iv1 L • �O{�5"c': Title: City Clerk �� Date: a� i COUNTY OF ORANGE, a political subdivision of the State of California L-91 Dylan Wright, Director Orange County Community Resources Date: Page 3 of 4 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 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 provides full legal authority for the County." a1�/u c 611-7117 8y: eputy. ounty Counsel Date: Page 4 of 4 AMENDMENT FOUR TO COOPERATION AGREEMENT BETWEEN THE COUNTY OF ORANGE AND CITY OF SEAL BEACH This Amendment Number FOUR (hereinafter "Amendment FOUR") is made and entered into by the County of Orange, a political subdivision of the State of California, ("COUNTY") and CITY OF SEAL BEACH, a municipal corporation, ("CITY"), DUNS Number 060752607 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, effective as of July 1 2012;, 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 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; and WHEREAS, COUNTY sent CITY a letter notifying CITY of such renewal on February 2, 2017; 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 1 of 4 "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 Federal Fiscal Years 2018-2019, 2019-2020 and 2020-2021 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 2018-2019, 2019-2020 and 2020- 2021, 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, 2021, 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 14-07, and subsequent CPD Notices, this Agreement will be automatically extended for an additional 3 (three) year period (July 1, 2021 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 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. 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, 2020. 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." 6. Section 24. Is amended to read: "CITY may void this Agreement only if it submits to COUNTY on or before June 2017 the notification from HUD that CITY has qualified as a "Metropolitan City" or an "Entitlement City" prior to the completion of the Page 2 of 4 re -qualification process for Fiscal Years 2018-19, 2019-2020, and 2020- 2021. 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 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 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 Supervisors, respectively. City of&—A-&A, a municipal Corporationin e S ate of California By: , Name. - i I(Zll y1 Title: City Ma ager G 11-7 Date: '�� Approved as to Fo //.) uraig �)teeie City Attorney City of Seal Beach ATTEST: By:�1'/ Name: �'V i h"ie Title: City Clerk Date:_ -7/,L& COUNTY OF ORANGE, a political subd isi n of the State o California By: dAw Dylan Wright, Director Orange Counttyl Community Resources Date: ! 1" _1 Page 3 of 4 111111111111111111 /11111111111 /111111111111 /111111111111111 /1111111111111111111 /1111111111 / / 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 provides full legal authority for the County." 7 K9 Date: By: De uty County Counsel Page 4 of 4 RESOLUTION NUMBER 6739 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE CITY'S PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT PROGRAM OF THE COUNTY OF ORANGE, PROGRAM YEAR 2018-2019 WITH AN ADDITIONAL TWO YEARS 2019-2020 AND 2020-2021 IF FUNDED BY THE COUNTY OF ORANGE iI s, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE AS FOLLOWS: 1. The Housing and Community Development Act of 1974 authorizes cities under 50,000 in population to enter into cooperative agreements with the county in which they are located for the purpose of undertaking essential community development activities. The Federal government requires participating cities to provide certifications that the funds will be obtained and utilized pursuant to Federal law and policy. 2. It is the intent of the City of Seal Beach to participate with the County of Orange for a grant authorized under the Housing and Community Development Act of 1974. 3. The City Council hereby approves the City's participation in and certifications for the Housing and Community Development Block Grant Program for funding cycle 2018-2019, and 2019-2020 and 2020-2021 if the additional programs years are funded by the County of Orange. 4. The City Manager or her designee is hereby authorized to execute all application materials necessary and take such other appropriate actions to participate in the program. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on June 12. 2017 by the following vote: AYES: Council Members: Massa-Lavitt, Varipapa, Deaton, Moore, Sustarsic NOES: Council Members: None ABSENT: Council Members: None ABSTAIN: Council Members: None G, Sandra Massa-Lavitt, Mayor ATTEST: Robin L. Roberts, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Robin L. Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6739 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 12th day of June , 2017. Robing Roberts. City Clerk AMENDMENT THREE TO COOPERATION AGREEMENT BETWEEN THE COUNTY OF ORANGE AND CITY OF SEAL 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 SEAL BEACH, a municipal corporation, ("City"), which are sometimes individually referred to as "Party" or collectively referred to as "Parties", and is effective as of July 1, 2015, 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 1 2012; and (`) WHEREAS, U.S. Department of Housing and Urban Development ("HUD") Notice CPD -14-07 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 25,2014; 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 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 J' Page] of4 Investment Partnership (HOME) and Emergency Solutions Grant (ESG) Program funds appropriated for Federal Fiscal Years 2015-2016, 2016- 2017 and 2017-2018 and from any program income generated from the 1 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 2015-2016, 2016-2017 and 2017- 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 14-07, and subsequent CPD Notices, this Agreement will be automatically extended for an additional three (3) �•� year period (July 1, 2018 to ]une 30, 2021) 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. 5. 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, 2017. 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" 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 City has qualified as a "Metropolitan City" or an "Entitlement City" prior to the completion of the re -qualification process for Fiscal Years 2015-16, 2016-2017, and 2017-2018. 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. Page 2 of 4 1 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. j 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. City of Seal Beach, a municipal Corporation in the State of California By: Name"-1ll Ingram Title: City M nage Date: c ATTEST: By:' Name: Linda Devine Title: Cit Clerk Date: oZ� COUNTY OF ORANGE, a political Vjsubdivi n the State of California By. Steve Franks, Director Orange Cour1c Cord nity ResourcesDate: Page 3 of 4 //////////////////////////////////////////////////////////////////////////////////////////// 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 provides full legal authority for the County." By: County Counsel Date: 5/3/2014 Page 4 of 4 AMENDMENT TWO TO COOPERATION AGREEMENT BETWEEN THE COUNTY OF ORANGE AND CITY OF SEAL 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 SEAL BEACH, a municipal corporation, ("City"), which are sometimes individually referred to as "Party" or collectively referred to as "Parties", and is effective as of July 1, 2012, 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, 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 City a letter notifying City of such renewal on March 25, 2011; 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 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 Shelter Grant (ESG) Program funds appropriated for Federal Fiscal Years 2012-2013, 2013-2014 and 2014-2015 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 2012-2013, 2013-2014 and 2014-2015, 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, 2015, 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 of 4 3. Section 10 shall be added to Agreement to read: In accordance with HUD Notice CPD 11-02, 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, 2014. 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 "Metropolitan City" or an "Entitlement City" prior to the completion of the re -qualification process for Fiscal Years 2012-13, 2013-2014, and 2014- 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 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. Page 2 of 4 0 • 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. City of Seal Beach, a municipal Corp tion in e S of California By: illy Name. n`, II ILL 1R . I -�J Title: lit lI'Mt"RCCZ Date: I d`TI ATTEST: By Name: Itil0 j�EI/IHP Title: City Clerk Date: 65 /1 C1 COUNTY OF ORANGE, a political subdi ' 'on o the S toof California By: n. L Steve Fra ks, Director Orange CountyCommunityResources 7 Date: I ////////////////////////////////////////////////////////////////////////////////////////////////////// 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 provides full legal authority for the County." By: Date: Page 3 of 4 EXHIBIT A Cooperation Agreement "Small -City" (This page intentionally left blank) Page 4 of 4 R 2 3 COOPERATION AGREEMENT 4 5 6 7 THIS AGREEMENT is entered into this F1 rs�_ day of G 8 IBY AND BETWEEN 9 CITY OF SEAL BEACH, a municipal 10 Corporation, hereinafter referred to as CITY, 11 AND 12 COUNTY OF ORANGE, a political 13 subdivision of the State of California and 14 recognized Urban County under the Federal 15 Housing and Community Development Act 16 of 1974 (Public Law 93-383), as amended, 17 hereinafter referred to as "COUNTY". 18 19 RECITALS . 20 WHEREAS, Title I of the Housing and Community Development Act of 1974 (Public 21 Law 93-383), as amended, hereinafter referred to as ACT, makes available to the COUNTY as an 22 Urban County, and to cities under 50,000 in population, grants through the Community 23 . Development Block Grant Program (hereinafter referred to as "CDBG"), and the HOME 24 Investment Partnership Program (hereinafter referred to as "HOME"), and any subsequent United 25 States Department of Housing and Urban Development (hereinafter referred to as "HUD") 26 Program which may become available to the COUNTY to be used for eligible housing and 27 community development activities; and 28 WHEREAS, the ACT requires such cities and the COUNTY- to enter .into cooperation 29 agreements in order for the cities to be included as part of the Urban County CDBG and HOME 30 Programs; and 31 WHEREAS, the COUNTY and CITY desire to cooperate to undertake, or assist in 32 undertaking, community development and lower income housing assistance activities, which 33 might include; but are not limited to, (1) acquisition of property for disposition for private reuse, 34 especially for low- and moderate -income housing, (2) direct rehabilitation of or financial 2006-2008 Urban County Small City Agreement revised May 18, 2005 1 I assistance to housing, (3) low rent housing activities, (4) disposition of land to private developers 2 for appropriate redevelopment, and (5) condemnation of property for low income housing 3 NOW, THEREFORE, the parties agree as follows: 4 1. This Agreement shall constitute a cooperation agreement between the parties 5 within the meaning of Section 102 (a)(b) of the ACT. The parties agree to cooperate to 6 undertake, or assist in undertaking, activities which might include, but are not limited to, (1) 7 acquisition of property for disposition for private reuse, especially for low- and moderate -income 8 housing, (2) direct rehabilitation of or financial assistance to housing, (3) low rent housing 9 activities, (4) disposition of land to private developers for appropriate redevelopment, and (5) 10 condemnation of property'for low income housing -community. 11 2. COUNTY shall have the authority to carry out activities, which will be funded 12 from annual CDBG or HOME Program funds appropriated for Federal Fiscal Years 2006-2007, 13 2007-2008, and 2008-2009 and from any program income generated.from the expenditure of such 14 funds. 15 3. COUNTY shall have final responsibility for selecting activities and annually filing 16 the grant application (i.e. Annual Action Plan) with HUD. In the preparation of said application, 17 COUNTY shall give due consideration to CITY's analysis of community development needs and 18 proposed activities. 19 4. COUNTY certifies that it is following an adopted Consolidated Plan as required by 20 24 CFR Part 91 and 24 CFR Part 570.306. 21 5. Since HUD will not accept an Agreement including a provision for veto or other 22 restriction which would allow any party to obstruct implementation of the Consolidated Plan, 23 both COUNTY and CITY shall attempt to fulfill housing goals established by.the HUD approved 24 Consolidated Plan for the period of this Agreement. 25 6. CITY acknowledges that it has adopted and is enforcing: 26 a. A policy prohibiting the use of excessive force by law enforcement agencies 27 within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; 28 and 29 b. A policy of enforcing applicable State and local laws against physically barring 30 entrance to or exit from a facility or location which is the subject of such non-violent civil rights 31 demonstrations within jurisdictions. 2006-2008 Urban County Small City Agreement revised May 18, 2005 2 1 7. COUNTY and CITY agree to take all actions necessary to ensure compliance with 2 the Urban County's certification required by Section 104 (b) of Title I of the Housing Community 3 Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the 4 Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 5 1974, and other applicable laws. Failure by CITY to comply with these provisions or to 6 affirmatively further fair housing within its own jurisdiction or CITY action which impedes the 7 COUNTY's actions to comply with the COUNTY's fair housing certification, which may 8 constitute noncompliance with the Urban County CDBG and HOME Programs, which may cause 9 funding sanctions or other remedial actions by HUD and/or COUNTY. 10 8. In the event COUNTY's Urban County application is approved by HUD, 11 COUNTY shall contract with the CITY to utilize any such grant funds received from HUD which 12 are attributable to activities administered by CITY, unless another form of allocation is required 13 by HUD. 14 9. This Agreement shall cover Program Years 32, 33 and 34 (Fiscal Years 2006- 15 2007, 2007-2008 and 2008-2009, respectively) of CDBG and HOME program applications, 16 including any subsequent Supplemental sources (Paragraph 23 below). In no event shall this 17 agreement be terminated by either party before June 30, 2009, except as allowed in legislation 18 enacted by the U.S. Congress for termination or withdrawal from the Urban County Program and 19 as permitted by HUD. 20 10. In accordance with HUD Notice CPD 05-01, this agreement will be automatically 21 extended for an additional three (3) year period (i.e. from July 1, 2009 to June 30, 2012) unless 22 COUNTY or CITY provides written notice that it elects not to participate in a new qualification 23 period. COUNTY shall notify CITY in writing of its right not to participate no later than the date 24 specified in HUD's Urban County Qualification Notice for the next qualification period. 25 11. CITY and COUNTY agree to adopt amendment(s) to this Agreement as may be 26 required by HUD to meet any new Urban County Qualification requirement(s) subsequent to June 27 30, 2009. The COUNTY will notify CITY of its right to terminate its participation in the program 28 based on the adoption of any such amendment. If either CITY or COUNTY refuses to adopt any 29 such amendment, this automatic renewal provision herein will be void. 30 12. The eligible activities to be undertaken during the term of this Agreement will be 31 chosen by CITY from those authorized by HUD Rules and Regulations governing the CDBG and 2006-2008 Urban County Small City Agreement revised May 18, 2005 3 I HOME Programs and any regulations which may be applicable to future Supplemental Federal 2 Programs. 3 13. The parties agree to comply with the requirement(s) of the CDBG and HOME 4 Programs, including laws and policies applicable to said Programs. 5 14. CITY acknowledges by its execution of CDBG and HOME cooperation 6 agreement(s) the included unit of general local government it: 7 a. May not apply for grants from appropriations under the Small Cities or State 8 CDBG Programs for fiscal years during the period in which it participates in the COUNTY'S 9 CDBG program and; 10 b. May not participate in a HOME consortium except through the Urban County, 11 regardless of whether the Urban County currently received a HOME formula allocation. 12 c. May not terminate or withdraw from the Cooperation Agreement while it 13 remains in effect until the CDBG and HOME funds and income received with respect to the 14 three-year qualification period (and any successive qualification periods under agreements that 15 provide for automatic renewals) are expended and the funded activities completed. 16 15. a. CITY must inform COUNTY, through periodic reports requested by COUNTY, 17 of any income generated by the expenditure of Program funds received by the CITY. Pursuant to 18 applicable federal requirements, such program income must be paid to the COUNTY. CITY may 19 retain such program income only if agreed upon by COUNTY and used exclusively for eligible 20 activities as determined by the COUNTY and in accordance with all CDBG and HOME Program 21 requirements as may then apply. 22 b. CITY shall keep and maintain appropriate records on the use of program income 23 as required by COUNTY as the COUNTY has the responsibility of monitoring and reporting 24 program income to HUD. 25 c. In the event of close-out or change in status of CITY, any program income at that 26 time or received subsequent to the close-out or change in status shall be paid by CITY to the 27 COUNTY within ninety (90) days after the expiration of the term of this'Agreement. 28 16. a. Any proposed modification or change of use of any real property acquired or 29 improved in whole or in part*by the CITY using CDBG funds (from the use planned at the time of 30 acquisition or improvement), including disposition, must be reported by CITY to the COUNTY. 2006-2008 Urban County Small City Agreement revised May 18, 2005 4 I COUNTY may approve the proposed modification or change of use. CITY shall not implement 2 the modification or change in use without COUNTY approval. 3 b. Should the disposition, sale or transfer of such real property acquired or 4 improved in whole or in part using CDBG or HOME Program funds result in a use which does not 5 qualify under CDBG or HOME Program regulations, the CITY shall reimburse COUNTY in the 6 amount equal to the then current fair market value of the property (less any portion thereof 7 attributable to expenditure of non-CDBG/HOME funds). 8 c. Any program income generated from the disposition, transfer or sale of such 9 property prior to or subsequent to the close-out, change of status ontermination of the cooperation 10 agreement between the COUNTY and CITY may be either used by CITY for other specific 11 eligible activities in the CITY or paid to the COUNTY for other eligible Urban County activities, 12 as determined in advance of the expenditure at the discretion of the COUNTY. 13 17. a. CITY shall indemnify, hold harmless, and defend with counsel approved in 14 writing by COUNTY, its officers, agents and employees against all liability, claims, losses, 15 demands and actions. for injury to or death of persons or damage to property arising out of or 16 alleged to arise out of or in consequence of this Agreement including attorneys' fees, provided 17 such liability, claims, demands, losses or actions are due to the acts or omissions of CITY, its 18 officers, agents or employees in the performance of this Agreement, including any activities 19 conducted by CITY under its application. 20 b. In addition, CITY shall indemnify, defend with counsel approved in writing by 21 COUNTY, and hold harmless COUNTY against any liability, claims, losses, demands, and actions 22 including attorneys' fees incurred by COUNTY as a result of a determination by HUD that 23 activities undertaken by CITY under CITY's application failed to comply with any laws, 24 regulations, or policies applicable thereto or that any funds forwarded to CITY under this 25 Agreement were improperly expended. 26 c. The provisions of Section 2778 of the California Civil Code, as said section 27 exists on the effective date of this Agreement, shall be applicable to the above indemnification 28 provisions. Transmittal to CITY of any pleadings served upon COUNTY shall be deemed to be a- 29 29 request to defend. 30 18. a. COUNTY shall indemnify, hold harmless and defend with counsel approved in 31 writing by CITY, its officers, agents and employees against all liability, claims, losses, demands 2006-2008 Urban County Small City Agreement revised May 18, 2005 5 .1 and actions for injury to or death of persons or damage to property arising out of or alleged to arise 2 out of or in consequence of this Agreement, provided such liability, claims, demands, losses or 3 actions are due to the acts or omissions of COUNTY, its officers, agents or employees in the 4 performance of this Agreement, including any activities .conducted by COUNTY under its 5 application. 6 b. In addition, COUNTY shall indemnify, defend with counsel approved in 7 writing by CITY, and hold harmless CITY against any liability, claims, losses, demands, and 8 actions including attorneys' fees incurred by CITY as a result of a determination by HUD that 9 activities undertaken by COUNTY under COUNTY's application failed to comply with any laws, 10 regulations, or policies applicable thereto or that any funds forwarded to COUNTY under this 11 Agreement were improperly expended. 12 c. The provisions of Section 2778 of the California Civil code, as said section exists 13 on the effective date of this Agreement, shall be applicable to the above indemnification 14 provisions. Transmittal to COUNTY of any pleadings served upon CITY shall be deemed to be a 15 request to defend. 16 19. COUNTY shall have the right to periodically audit CITY's records to determine 17 compliance with this Agreement. 18 20. CITY shall forward to COUNTY a copy of each annual audit of the CITY 19 conducted by an independent public auditor during the period of this Agreement as soon as the 20 audit report becomes available. COUNTY shall have the right to ensure that necessary corrective 21 actions are made by CITY for any audit findings pertinent to CITY handling of CDBG Program 22 funding pursuant to federal requirements. 23 21. No CDBG or HOME Program funds shall be expended on any activity, which does i 24 not affirmatively further fair housing goals within CITY. 25 22. Pursuant to 24 CFR Part 570.501(b)'of CDBG and 24 CFR Part 92.504 of HOME 26 program regulations, CITY is subject to all require i ents applicable to subrecipients, including the 27 requirement of a written agreement set forth in 24 CFR Part 570.503 of CDBG and 24 CFR Parts 28 92.505-509 of HOME program regulations. 29 23. This Cooperation Agreement shall apply to any supplemental program which 30 II HUD makes available through the CDBG or the HOME Programs. I 2006-2008 Urban County Small City Agreement revised May 18, 2005 6 1 24. CITY may void,this Agreement only if it submits to COUNTY on .or before July 2 08, 2005 the notification from HUD that, CITY has qualified as a "Metropolitan City" or an 3 "Entitlement City" prior to the completion of the re -qualification process for Fiscal Years 2006- 4 2007, 2007-2008, 2008-2009. Upon such notification by HUD, CITY also must submit to 5 COUNTY and HUD written notification of its decision to either remain in the Urban County 6 Program as a "Metropolitan City" or become an "Entitlement City" as a separate entity. i 7 H 8 H 9 H 10 H 1 I 11 i 12 I 13 14 15 16 1 17 18 19 20 21° 22 23 I 24 25 26 f 27 28 29 i 30 31 32 33 i I - I 2006-2008 Urban County Small City Agreement revised May 18, 2005 7' .i: I 2 11 IN WITNESS WHEREOF, CITY has caused this Agreement to be executed by its 3 Mayor/City Manager and attested by its City Clerk; COUNTY has caused this Agreement to be 4 executed by the Director of the Housing and Community Services Department; each having been i 5 duly authorized by the,CITY Council and the COUNTY Board of Supervisors, respectively. 6 I 7 City of SEAL BEACH, a municipal 8 Corporation i the State o California ATTEST: i I to By: By: 11 Na Name: 12 Title: City Manager Title: City Clerk 13 Date: LP Date: 14 15 ICOUNTY OF ORANGE, a political 16 !subdivision of the State of California 17 18 ;By: 19 Paula Burrier-Lund, Director 20 Housing and Community 21 Services Department I 22 23 Date: D 24///////////////////////////////////////////////./////////////////////////////;//////////////////////////////////////////////////////////////// 25 ORIGINAL FORM CONTRACT 26 APPROVED AS TO FORM and REQUIRED COUNTY COUNSEL STATEMENT: i 27 28 "The terms and provisions of the agreement are fully authorized under State and local law and the 29 agreement provides full legal authority for the County." 30 b,- 31 By: 1(5++s Date: 2006-2008 Urban County Small City Agreement revised May 18, 2005 i 8 AMENDMENT ONE TO COOPERATION AGREEMENT BETWEEN THE COUNTY OF ORANGE AND CITY OF SEAL BEACH This Amendment Number One (hereinafter "Amendment One") is made and entered into by the County of Orange, a political subdivision of the State of California, ("County') and CITY OF SEAL BEACH, a municipal corporation, ("City"), which are sometimes individually referred to as "Party" or collectively referred to as "Parties", and is effective as of , 2008, 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, U.S. Department of Housing and Urban Development ("HUD') Notice CPD -08-04 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 City a letter notifying City of such renewal on MAY 2, 2008; WHEREAS, City did not advise County that it wished to terminate the Original Agreement with County; WHEREAS, Section 10 of the Original Agreement allows for an additional three year extension of said Agreement upon mutual agreement of both Parties; and WHEREAS, the Parties desire to 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 9 of the Original Agreement shall read, as amended, in its entirety as follows: This Agreement shall cover Program Years 35, 36 and 37 (Fiscal Years 2009-2010, 2010-2011 and 2011-2012, respectively) of CDBG and HOME program applications, including any subsequent Supplemental sources (Paragraph 23 below). In no event shall this agreement be terminated by either party before June 30, 2012, 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. 2. Section 10 of the Original Agreement shall be deleted in its entirety. 3. All other provisions of the Original Contract, a copy of which is attached hereto as Exhibit A and incorporated by this reference, and any previous amendments, to the extent they are not inconsistent with this Amendment, remain unchanged and in full force and effect. Pagel of 3 IN WITNESS WHEREOF, CITY has caused this Agreement to be executed by its City Manager and attested by its City Clerk; COUNTY has caused this Agreement 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. City of Seal Beach, a municipal Corporation in the State of California By: Name: David Carmany Title: City Manager Date: S� Z9"O$ DRIGINAL FORM CONTRACT ATTE By:/ Name: Linda Devine Title: City Clerk Date: COUNTY OF ORANGE, a political subdivision f the State of California By- �1'^ Steve Franks, Director Orange County Community Resources Date: 7—(6—o7 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 provides full legal authority for the County." Date: %X-01 Page 2 of 3