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HomeMy WebLinkAboutResolution - 3390 STATE OF CALIFORNIA ) RESOLUTION NO. 3390 COUNTY OF RIVERSIDE )ss ..� CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO AUTHORIZING PARTICIPATION IN THE COUNTY OF RIVERSIDE'S URBAN COUNTY CONSOLIDATED PLANNING PROGRAMS FOR FISCAL YEARS 2012-2013, 2013-20141 2014-2015 AND APPROVING A COOPERATION AGREEMENT BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF SAN JACINTO FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT, HOME AND ESG FUNDS FOR FISCAL YEARS 2012-2013, 2013-2014, 2014- 2015 WHEREAS, the City of San Jacinto ("City") desires to participate as a unit of local government in the County of Riverside's Urban County Consolidated Planning Programs for fiscal years 2012-2013, 2013-2014 and 2014-2015; and WHEREAS, in order for the City to participate in the Program as a participating unit of general local government, the City must enter into a cooperation agreement (the "Cooperation Agreement") with the County of Riverside; and WHEREAS, the Cooperation Agreement will allow the City to carry-out activities, which are funded by Community Development Block Grant, HOME and ESG funds; and WHEREAS, the Cooperation Agreement will allow the City to participate in the County of Riverside's Urban County Consolidated Planning Programs. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows: SECTION 1. Program Participation. The City Council hereby authorizes the City's participation in the County of Riverside's Urban County Consolidated Planning Programs. SECTION 2. Approval of Cooperation Agreement. The City Council hereby approves the Cooperation Agreement attached hereto as Exhibit "A" and authorizes and directs the Mayor to execute the Cooperation Agreement on behalf of the City. SECTION 3. Further Acts. The City Council hereby authorizes and directs the City Manager to take such further actions and execute such other documents as may be necessary or appropriate in administering the actions authorized by this Resolution. Page 1 of 3 SECTION 4. CEQA _Compliance. The City Council hereby finds that approval of the Cooperation Agreement is exempt from the requirements of the California Environmental Quality Act ("CEQA"), pursuant to State CEQA Guidelines Section 15378, The Cooperation Agreement is a government funding mechanism, and does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment. SECTION 5. Notice of Exemption. The City hereby authorizes and directs that a Notice of Exemption shall be filed with the Clerk of the Board of Supervisors of the County of Riverside, California, within five (5) working days following the date of adoption of this Resolution. SECTION 6. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 19th day of July, 2011 , by the following vote: Ayes: Di Memmo, Kotyuk, Ledezma, Miller Nays: None Absent: Bartel Abstain: None City of San Jaginto Scott Miler, Mayor ATTEST: Richard Miller, City Clerk APPROVED AS TO FORM: Best, Best & Krieger, LLP. J&r6j& Ballinger, City Attorney Page 2 of 3 EXHIBIT "A" COOPERATION AGREEMENT [Attached behind this page] Page 3 of 3 j 1 COOPERATION AGREEMENT FOR T HE COMMUNITY DEVELOPMENT BLOCK {:LtANT, HOME INVESTMENT PARTNERSHIP PROGRAM, AND EMERGENCY SHELTER GRANT FOR FISCAL YEARS 2012-13, 2013-14, 2014-15 3 4 5 rhis Cooperation Agreement hereinafter referred to as "Agreement" is made and entered into this day of 2011, by and between the COUNTY OF RIVERSIDE, a political 7 subdivision of the State of California, hereinafter referred to as "COUNTY", and City of San 8 Jacinto, an incorporated municipality within the geographical boundaries of the COUNTY, 9 hereinafter referred to as "CITY," who together are sometimes referred to herein individually as to "Party' or collectively as the "Parties." 11 RECITALS 12 WHEREAS, the Housing and Community Development Act of 1974, as amended 13 (Public Law 93-3$3), hereinafter called "ACT", provides that Community Development Block 14 Grant, funds hereinafter referred to as "C.DBG", may be used for the support of activities that 15 provide decent housing, suitable living environments, and expanded economic opportunities 16 principally for persons of low and moderate-income; and 17 WHEREAS, the I TOME program, authorized by the HOME investment Partnerships Act l8 (HOMF), was enacted as "Title 11 of the National Affordable Housing Act of 1990, has as its 14 purposes to: expand the supply of decent, affordable housing for low and very-law income 20 families with emphasis on rental housing; build State and local capacity to carry out affordable 21 housing programs; and provide For coordinated assistance to participants in the development of affordable low-income housing; and 23 WHEREAS, the Emergency Shelter Grant, hereinafter referred to as -'ESG", was 24 authorized by the McKinney-Vento Homeless Assistance Act of 1987, The objectives of the 25 Emergency Shelter Grant, to be renamed the Emergency Solutions Grant under the Homeless 26 Emergency Assistance and Rapid "transition to Housing (HEARTI1) Act of 2009, arc to increase 27 the number and quality or emergency shelters and transitional housing facilities for homeless 2s l:n',penilon A,rcement Fnr(-I)nG,IN WE_and LSC}Funds_1012-015 Page i of 13 I individuals and families, to operate these facilities and provide essential social services, and to 2 help prevent homelessness. 3 WHEREAS, CDBG regulations require counties to re-qualify as an Urban County under 4 the CDBG program every three years, and 5 WHEREAS, the execution of this Agreement is necessary to include CITY as a 6 participating unit of general government under COUNI'Y's Urban County CDBG, HOME, and 7 1 SG programs. 8 NOW THEREFORE, in consideration of the mutual covenants herein set forth and the 9 mutual benefits to be derived there from, the parties agree as follows: 10 1, GENERAL. I 1 This Agreement gives COUNTY authority to undertake, or assist in undertaking, 12 activities for Fiscal Years 2012-13, 2013-1.4, and 2014-15, that will be funded from the CDBG 13 program, the HOME Investment Partnership program, the Emergency Shelter Grant program, 14 and from any program income generated from the expenditure of such funds. COUNTY and 15 CITY agree to cooperate, to undertake, or to assist in undertaking, community renewal and L6 lower-income housing assistance activities. COUNTY is qualified as an "Urban County" under 17 the ACT. CITY, by executing this Agreement, hereby gives notice of its election to participate 18 in an Urban County Community Development Block Grant program, hereinafter referred to as 19 "CDBG programs". 20 By executing this Agreement, CCTY understands that it may not apply for grants 21 from appropriations under the Small Cities or State CDBG Programs for fiscal years during the 22 period in which it participates in the Urban County's CDBG program and that CITY may only 23 participate in the HOME program through the COUNTY'S Urban County program, not a 24 consortium. The CITY may apply for ESG funds from the State of California, if permitted by the 25 State. 26 11 7 II 28 1/ 'o,iperation A�!reemcn[ForCD13G. 110MF,and LSO rands 2u12-.1)15 Page 2of13 1 2. f ER'M. 2 The term or this Agreement shall be for three (3) years commencing on July 1, 3 2012, through June 30, 2015, unless an earlier date of termination is fixed by U.S. Department of 4 housing and Urban Development, hereinafter called HUD, pursuant to ACT. 5 This Agreement will be automatically renewed for participation in successive 6 three-year qualification periods, unless the COUNTY or the CITY provides written notice to the 7 other Party that it elects not to participate in the next three-year Urban County program. 8 COUNTY will notify CITY of CITY's right not to participate in the next three-year period no 9 later than the date specified by IIUD in the Urban County Qualification Notice. CITY shall 10 notify COUNTY no later than the date specified in COUNTY's notification that CITY eleets not I l to participate in the next three-year Urban County Program. COUNTY will send copies of all 12 notifications required by this Paragraph to the HUD Field Office. 13 The terms of this Agreement shall remain in effect until the CDBG, HOME, and t4 FSG funds and program income received with respect to activities carried out during the three- 15 year qualification period are expended and the funded activities completed. Furthermore, neither 16 the COUNTY nor the CITY may terminate or withdraw From this Agreement while it remains in 17 effect. 18 3, PREPARATION OF FEDERALLY REQUIRFD FUNDING 19 APPLICATIONS. 20 The Riverside County Economic Development Agency, subject to approval of 21 COUNI'Y's Board of Supervisors, shall be responsible for preparing and submitting to HUD, in 22 a timely manner, all reports and statements required by the ACT and the Federal regulations 23 promulgated by IIUD to secure entitlement grant funding under the CDBG, IiOME, and ESG 24 programs. This duty shall include the preparation and processing of COUNTY Housing, 25 Community, and Economic Development Needs Identification Report, Citizen Participation 76 Plan, the County Five-Year Consolidated Plan, (one-Year Action Plan. Consolidated Annual 27 Performance and Evaluation Report (CAPER), and other related programs which satisfy the 28 application requirements of ACT and its regulations. Cuuperapnn AVr"nlCnt r IT('nr3(i, Ii0;MyP and F.SG Funds 2012-20I n Page 3 of 13 1 4, COMPLIANCE WITH FEDERAL STATUTES, REGULATIONS AND 2 OTHER APKICABLE STATUTES, REGULATIONS AND ORDINANCES. 3 (a) COUNTY and CITY will comply with the applicable provisions of the 4 ACT and those federal regulations promulgated by HUD pursuant thereto, as the same currently 5 exists or may hereafter be amended. The COUNTY and CITY will take all actions necessary to 6 assure compliance with COUNTY's certifications required by Section 104 (b) of Title I of ACT. 7 COUNTY and CITY will comply with the provisions of the following: National Environmental 8 Policy Act of 1969; Title VI of the Civil Rights Act of 1964 and Title Vlll of the Civil Rights 9 Act ol' 1969; and Title 24 Code of Federal Regulations part 570; the Fair I lousing Act; Cranston- 10 Gonzales National Affordable housing Act (Public Law 101-625); Section 109 Title 1 of the 11 Housing and Community Development Act of 1974 (42 U.S.C.§5309); Executive Order 11063, 12 as amended by 1 xecutive Order 12259; Executive Order 11999; the Uniform Relocation 13 Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C.§4630, et. seq.); and 14 other federal or state statute or regulation applicable to the use of CDBG or HOME Investment 15 Partnerships Act (enacted as Title It of the National Affordable Housing Act of 1990) funds. 16 (b) CITY agrees that CDBG funding for activities in, or in support of, CITY 17 are prohibited if CITY does not affirmatively further fair housing within its own jurisdiction or 18 impedes COUNTY actions to comply with its fair housing certification. 19 (c) CITY and COUNTY shall meet the citizen participation requirements of 20 24 CFR 570.301 and provide Riverside County citizens with all of the following: 21 i. The estimate of the amount of CDBG funds proposed to be used 22 for activities that will benefit persons of low and moderate-income; -13 ii. A plan for minimizing displacement of persons as a result of 24 activities assisted with CDBG funds and to assist persons actually displaced as a result of such 25 activities; 26 iii. A plan that provides for and encourages citizen participation, with 27 particular emphasis on participation by persons of low and moderate-incomes, residents ol'slum 28 and blighted areas, and of areas in which funds are proposed to be used, and provides for cooperanon A.�reenwnt Tnr('DB(i, I10ME. and L.SG Funds 29U.2( 1.i Page 4 of 13 r I participation of residents in low and moderate-income neighborhoods; 2 iv. Reasonable and timely access to local meetings, information, and 3 records relating; to the grantee's proposed use of funds, as required by the regulations of the 4 Secretary, and relating to the actual use of funds under the ACI; 5 V. Provide for public meetings to obtain citizen views and to respond 6 to proposals and questions at all stages of the community development program, including at 7 least the development of needs, the review of proposed activities and review of program 8 performance. Meeting shall be held after adequate notice, at times and locations convenient to 9 potential or actual beneficiaries, and with accommodation for the disabled. 1() (d) CITY shall develop a community development plan, for the period of this 1 I Agreement, which identities community development and housing; needs and specifies both short 12 and long-term community developmcnt objectives. 13 (e) CITY certifies, to the best of its knowledge and belief, that: 14 i. No Federal appropriated funds have been paid or will be paid, by 15 or on behalf of the CITY, to any person influencing or attempting; to influence an officer or 16 employee of any agency, a Member of Congress, an officer or employee of Congress, or an 17 employee of a:Member of Congress, in connection with the awarding of any Federal contract, the l8 making of any Federal grant, the making of any Federal loan, the entering into of any 19 cooperative agreement, and the extension, continuation, renewal, amendment or modification of 20 any Federal contract, grant, loan or cooperative agreement. 21 ii. If any funds other than Federaily-appropriated funds have been 32 paid or will be paid to any person for influencing or attempting to influence an officer or 23 employee of any agency, a Member of Congress, an officer or employee of Congress, or an 24 employee of a Member of Congress, in connection with this Federal contract, grant, loan, or 25 cooperative agreement, the undersigned shall complete and submit standard Form-LLL '6 "Disclosure Fornt to Report lobbying", in accordance with its instructions. 27 iii. [lie CITY shall require that the language provided in Scction 28 4(c)(i) and (ii) of this Agreement be included in the award documents for all sub-awards at all Courmmrion aorccmenl For W130.HD,41F.;md G5G Funds=U12-201 Page 5 of 13 I tiers (including subcontracts, sub- grants and contracts under grants, loans, and cooperative 2 agreements) and that all sub-recipients shall certify and disclose accordingly. 1'his certification 3 is a material representation of fact upon which reliance was placed when this transaction was 4 made or entered into. 5 (t) In accordance with Section 519 of Public Law 101-144, (the 1990 HUD 6 Appropriations Act), the CITY certifies that it has adopted and is enforcing a policy prohibiting 7 the use of excessive force by law enforcement agencies within its jurisdiction against any S individuals engaged in non-violent civil rights demonstrations, and that it has adopted and is 9 enforcing applicable State and local laws against physically barring entrance to, or exit from, a 10 facility or location which is the subject of such non-violent civil rights demonstrations within its II jurisdiction. 12 5, COMPLIANCE WITH POLICY AND PROGRAM OBJECTIVES. 13 The COITNTY's Board of Supervisors have adopted policies and procedures to 14 ensure efficient and effective administration of the CDBG, HOME, and ESG programs. 15 COUNTY will provide these policies and procedures to CITY within a reasonable time after this 16 Agreement's commencement date. COUNTY and City agree to comply with these said policies 17 and program objectives. 18 6. OTHER AGREEMENTS. 19 Pursuant to Federal regulations at 24 CFR 570.501(b), CITY is subject to the 20 same requirements applicable to sub-recipients, including the requirement of a written agreement 21 set forth in Federal regulations at 24 CFR 570.503. For each tiscal year during the term of this 22 Agreement, COUNTY and CITY shall enter into an additional agreement, commonly known as a 23 Supplemental Agreement, that will have a term coinciding with a CDBG Program Year and 24 enumerate the proiect(s) CITY will implement with its entitlement funds. Said Supplemental 25 Agreement will set forth the time schedule for completion of said project(s) and any funding 26 sources, in addition to entitlement funds, that will be used in completing the project(s). If 27 substantial compliance with the completion schedule, due to unforeseen or uncontrollable 28 circumstances, cannot be met by CITY, the schedule for the project(s) may be extended by Cooperation As rcement FurCD[36,I If)NIL,:Lnd ES(i Funds 2012-2015 Page 6 013 I COUNTY. if COUNY determines that substantial progress toward drawdown of funds is not ? made during the term of the Supplemental Agreement, the entitlement funds associated with the 3 project(s) may be reprogrammed by COUNTY, to other activities as determined by COUNTY, 4 after COUNTY provides appropriate written notice to CITY. COUNTY's decision not to extend 5 the completion schedule associated with the project(s), or to reprogram the entitlement funds 6 associated with the project(s), will not excuse CITY from complying with terms of this 7 Agreement. 8 T DETERMINATION OF PROJECTS TO BE FUNDED AND 9 DISTRIBUTION OF ENTITLEMENT FUNDS. 14 CITY agrees to submit to COUNTY, no later than the date specified by COUNTY 11 prior to each program year, the activities that the CITY desires to implement with its entitlement t2 funds, said designation to comply with statutory and regulatory provisions governing citizen's 13 participation. Said designation is to be reviewed by the COUNTY's Economic Development 14 Agency to determine that the projects are eligible under federal regulations for funding and 15 inclusion in the One Year Action Plan of the County's Five-Year Consolidated Plan and 16 consistent with both Federal and COUNTY policy governing use of Community Development 17 Block Grant (CDBG) funds. 18 Consistent with Paragraphs 3, 4, 5, 6, and 7 of this Agreement, COUNTY's Board 19 of Supervisors will make the final determination of the distribution and disposition of all CDBG, 24 funds received by COUNTY pursuant to the Act. 21 8. COMMUNITY DEVELOPMENT BLOCK GRANT MANUAL. 22 CITY warrants that those officers, employees, and agents, retained by it and 23 responsible for implementing projects funded with CDBG have received, reviewed, and will 24 follow the Community Development Block Grant Manual that has been prepared and amended 25 by COUNTY, and by this reference, said Manual is incorporated herein and made a part hereof. 16 9, REAL PROPERTY ACQUIRED OR PUBLIC FACILITY 27 CONSTRUCTED WITI{ CDBG FUNDS, 28 When CDBG funds are used, in whole or in part, by CITY to acquire real l'uuptMtwn Ancement For CDBG,I IUME_and FSCd Funds 2012-015 Page 7of13 1 l property or to construct a public facility, CITY will comply with the rational Fnvironmental Policy Act of 1969 (42 U.S.C. §§4321, et seq.), the California Environmental Quality Act (Cal. 3 Pub. Resources Code §§21000, et seq.), the Uniform Relocation Assistance and Real Property 4 Acquisition Policies Act of 1970 (42 U1 S.C. §§4630, et seq.), and the California Government 5 Code Sections 7260 et seq., as those Acts may be amended from time-to-time and any Federal or 6 state regulations issued to implement the aforementioned laws. 7 In addition, the following is to occur: 8 (a) Title to the real property shall vest in CITY; 9 (b) The real property title will be held by or the constructed facility will be 10 maintained by the CITY for the approved use until tivc years after the date that the project is 11 reported as "Completed" within the annual Consolidated Annual Performance and Evaluation 12 Report. 13 (c) While held by CITY, the real property or the constructed facility is to be 14 used exclusively for the purpose for which acquisition or construction was originally approved 15 by COUNTY; 16 (d) CITY shall provide timely notice to COUNTY of any action which would 17 result in a modification or change in the use of the real property purchased or improved, in whole 18 or in part, with CDBG or HOME funds from that planned at the time of acquisition or 19 improvement, including disposition. 20 (e) CITY shall provide timely notice to citizens and opportunity to comment 21 on any proposed modification or change; 22 (t) Written approval from COUNTY must be secured if the property or the 23 facility is to be put to an alternate use that is or is not consistent with federal regulations 24 governing CDBG funds-, 25 (g) Should CITY desire during the live (5) year period to use the real property 26 or the constructed facility for a purpose not consistent with applicable federal regulations 27 governing CDBG funds or to sell the real property or facility, then: �g C'00PU uion Auccment Fur(-F)BG, I IOMF.,LuZd l:SU Funds 2012-20 15 Page 8 of 13 I (i) If CITY desires to retain title, it will have to reimburse either 2 COUNTY or the Federal government an amount that represents the percentage of current fair 3 market value that is identical to the percentage that CDBG funds initially comprised to when 4 the property was acquired or the facility was constructed; 5 (ii) If CITY sells the property or facility, or is required to sell the property 6 or facility, CITY is to reimburse the COUNTY an amount that represents the percentage of 7 proceeds realized by the sale that is identical to the percentage that CDBG funds comprised of 8 the monies paid to initially acquire the property or construct the facility. This percentage amount 9 will be calculated after deducting all actual and reasonable cost of sale from the sale proceeds. 10 1t1. DISPOSITION OF INCOME GENERATED BY THE EXPENDITURE 11 OF CDBG FUNDS. 12 CITY shall inform COUNTY of any income generated by the expenditure of 13 CDBG funds received by CITY from COUNTY. CITY may not retain any program income so 14 generated. Any and all program income shall be returned to the County and may only be used 15 for eligible activities in accordance with all CDBG requirements, including all requirements for 16 citizen participation. 17 "l he COUNTY is required by HUD to monitor and report the receipt and use of all 18 program income. CITY is required to track, monitor, and report any and all program income as 19 requested by COUNTY. 20 11. TERMINATION. 21 Except as provided for in Paragraph 2, CITY and COUNTY cannot terminate or 22 withdraw from this Agreement while it remains in effect. 23 12. FORMER AGREEMENTS UTILIZING COMMUNITY 24 DEVELOPMENT BLOCK GRANT FLNI DS BETWEEN COUNTY AND CITY. 25 All agreements between CITY and COUNTY regarding the use of CDBG funds 26 for llscal years 1975-76 through 2011-2012, and any Supplemental Agreements there under, 27 shall remain in full force and effect. If the language of this Agreement is in conflict or 78 O wgtp rttinn 1 reement For C17136.HOME,mid EtiG Funds'012-2p1 i Page 9 of 13 l inconsistent with the terms of any prior said agreements between CITY and COUNTY, the 2 language of this Agreement will be controlling. 3 13. INDEMNIFICATION 4 CITY agrees to indemnify, defend and hold harmless COUNTY and its 5 authorized officers, employees, agents, and volunteers from any and all claims, actions, losses, 6 damages, and/or liability arising from CITY acts, errors or omissions and for any costs or 7 expenses incurred by COUNTY on account of any claim therefore, except where such 8 indemnifications is prohibited by law, CITY shall promptly notify COUNTY in writing of the 9 occurrence of any such claims, actions, losses, damages, and/or liability. 10 CITY shall indemnify and hold harmless COUNTY against any liability, claims, I I losses, demands, and actions incurred by COUN'rY as a result of the determination by I41JD or 12 its successor that activities undertaken by CITY under the program(s) fail to comply with any 13 laws, regulations, or policies applicable thereto or that any funds billed by and disbursed to 14 CITY under this Agreement were improperly expended. 15 14, COMPLIANCE WITH LAWS AND REGULATIONS. 16 By executing this Agreement, the Parties hereby certify that they will adhere to 17 and comply with all federal, state and local laws, regulations and ordinances. 18 15. ENTIRE AGREEMENT. 19 It is expressly agreed that this Agreement embodies the entire agreement of the 20 Parties in relation to the subject matter hereof, and that no other agreement or understanding, 21 verbal or otherwise, relative to this subject matter, exists between the Parties at the time of 22 execution. 23 16. SEVERABILITY. 24 Each paragraph and provision of this Agreement is severable from each other 25 provision, and if any provision or part thereof is declared invalid, the remaining provisions shall 26 remain in full force and effect. 27 17. ASSIGNMENT. 28 fhe Parties will not make any sale, assignment, conveyance or lease of any trust Couperahon ALleenynI Fur{•DBG.{K flL.and F.W funds 2012-2015 Page 10 of 13 1 or power, or transfer in any other form with respect to this Agreement, without prior written 2 approval of the other Party. 3 18, INTERPRETATION AND GOVERNING LAW. 4 phis Agreement and any dispute arising hereunder shall be governed by and 5 interpreted in accordance with the laws of the State of California. This Agreement shall be 6 construed as a whole according to its fair language and common meaning to achieve the 7 objectives and purposes of the Parties hereto, and the rule of construction to the effect that 8 ambiguities are to be resolved against the drafting Party shall not be employed in interpreting 9 this Agreement, all Parties having been represented by counsel in the negotiation and 10 preparation hereof. 11 19, WAIVER. 12 Failure by a Party to insist upon the strict performance of any of the provisions 13 of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the 14 default of the other Party, shall not constitute a waiver of such Party's right to insist and demand 15 strict compliance by the other Party with the terms of this Agreement thereafter. 16 20. JURISDICTION AND VENUE. 17 Any action at law or in equity arising under this Agreement or brought by a Party l8 hereto for the purpose of enforcing, construing or determining the validity of any provision of 19 this Agreement shall be tiled in the consolidated Courts of Riverside County. State of 20 California, and the Parties hereto waive all provisions of law providing for the filing, removal or 21 change of venue to any other court or jurisdiction. 22 2L AMENDMENTS 23 No change, amendment, or moditcation to the Agreement shall be valid or 24 binding upon CITY or COUNTY unless such change, amendment, or modification is in writing 25 and duly executed. CITY and COUNTY agree to adopt any necessary amendments to this 26 Agreement to incorporate changes required by HUD as set forth in the Urban County 27 Qualification Notice. Amendments must be submitted to HUD as provided in the Urban 28 County Qualification Notice and failure to do so will void the automatic renewal for such Cooperation Agreement For CDBfi,HOW-and LSO Funds 2012-2015 Page 11 of 13 I qualification period. 2 1-2. AUTHORITY TO EXECUTE. 3 The persons executing this Agreement or exhibits attached hereto on behalf of 4 the Parties to this Agreement hereby warrant and represent that they have the authority to 5 execute this Agreement and warrant and represent that they have the authority to bind the 6 respective Parties to this Agreement to the performance of its obligations hereunder. 7 23. INCORPORATION OF RECITALS 8 The Parties hereby affirm the facts set forth in the recitals above. Said recitals 4 are incorporated herein and made an operative part of this Agreement. 10 L 1 IN WITNESS WHEREOF, the COUNTY and CITY have executed this 12 Agreement on the date shown below. 13 14 ATTEST: 15 16 Kecia Ihem-Harper Clerk of the Board COUNTY OF RIVERSIDE 17 L8 By: By: for Bob Buster, Chairman 19 Board of Supervisors 20 Rob Field, Assistant County Executive Officer/EDA 21 22 Date: 23 24 ATTEST: CITY OF SAN JACINTO 25 26 By: �L�+[Z(,k �.�r.4��c�, By: City Clerk Mayor 27 7$ Date: Cooperation Agreemenl For C DBG,110M[i_and FSG Funds 2012-2015 Page 12 of 13 1 COUNTY COUNSEL CERTIFICATION 3 4 The Office of County Counsel hereby certifies that the terms and provisions of this 5 Agreement are fully-authorized under state and local law and that the Agreement provides full 6 legal authority for the COUNTY to undertake, or assist in undertaking, essential community 7 development and housing assistance activities specifically urban renewal and publicly assisted 9 housing. Pamela J. Walls 9 County Counsel 10 11 By: 12 Deputy, Anita Willis 13 14 15 16 17 18 s.%Cdbg'J 2-1 5 urban county prugramlcimp agreemen ducx 19 20 21 22 23 24 ,5 26 -27 -)8 i wrple noon Agreement For LDU( HOME,and EtiG Funds 2012-2015 Page 13 of 13