HomeMy WebLinkAbout2017-010 SLO County CDBG Agreement CITY Gr A�'�` CAL= C°
A COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN LUIS
OBISPO AND THE CITY OF ATASCADERO FOR JOINT PARTICIPATION IN
THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, THE HOME
INVESTMENT PARTNERSHIPS PROGRAM, AND THE EMERGENCY
SOLUTIONS GRANT PROGRAM FOR FISCAL YEARS 2018 THROUGH 2020
THIS AGREEMENT is made and entered into this day of
2017, by and between the County of San Luis Obispo, a political subdivision of
the State of California, hereinafter called "County"; and the City of Atascadero, a
municipal corporation of the State of California, located in the County of San Luis
Obispo, hereinafter called "City", jointly referred to as "Parties."
WITNESSETH
WHEREAS, in 1974, the U.S. Congress enacted and the President signed
a law entitled, The Housing and Community Development Act of 1974, herein
called the "Act". Said Act is omnibus legislation relating to federal involvement in
a wide range of housing and community development activities and contains
eight separate titles; and
WHEREAS, Title I of the Act is entitled "Community Development" and
governs programs for housing and community development within metropolitan
cities and urban counties or communities by providing financial assistance
annually for area-wide plans and for housing, public services and public works
programs; and
WHEREAS, the Community Development Block Grant Program
(hereinafter referred to as "CDBG"), the HOME Investment Partnerships Act
Program (hereinafter referred to as "HOME"), and the Emergency Solutions
Grant Program (hereinafter referred to as "ESG") are consolidated under Title I
of the Act; and
WHEREAS, the County of San Luis Obispo has requested of the federal
Department of Housing and Urban Development, hereinafter referred to as
"HUD", that the County be designated as an "urban county"; and
WHEREAS, the County needs to requalify as an urban county and will be
eligible to receive CDBG funds provided that the County's entitled cities defer
their entitlement to the County to enable both the County and the entitlement
cities to jointly participate in the program; and
s
WHEREAS, the City desires to participate jointly with the County in said
program; and
WHEREAS, if HUD redesignates the County as an urban county, the
County may also be eligible to receive funds from the HOME Program and the
ESG Program; and
WHEREAS, the CDBG Regulations issued pursuant to the Act provide
that qualified urban counties must submit an application to the Department of
Housing and Urban Development for funds, and that cities and smaller
communities within the metropolitan area not qualifying as metropolitan cities
may join the County in said application and thereby become a part of a more
comprehensive County effort; and-
WHEREAS, as the urban county applicant, the County must take
responsibility and assume all obligations of an applicant under federal statues,
including: the analysis of needs, the setting of objectives, the development of
community development and housing assistance plans, the-consolidated plan,
and the assurances of certifications; and
WHEREAS, by executing this Agreement, the Parties hereby give notice
of their intention to participate in the urban county CDBG, HOME, and ESG
programs.
NOW THEREFORE, in consideration of the mutual promises, recitals and other
provisions hereof, the Parties agree as follows:
SECTION I. General.
A. Responsible Officers. The Director of the County of San Luis Obispo
Department of Planning and Building (hereinafter referred to as "Director")
is hereby authorized to act as applicant for the CDBG, HOME, and ESG
programs and to administer funding and activities under the programs.
The City Manager is hereby authorized to act as the responsible officer of
the City under the programs.
B. Full Cooperation. Parties agree to fully cooperate and to assist each
other in undertaking eligible grant programs or projects, including but not
limited to community renewal and lower income housing assistance
activities, specifically urban renewal and publicly-assisted housing; public
services, and economic development.
C. Term of Agreement—Automatic Renewal Provision. The term of this
Agreement shall be for a period of three (3) years commencing July 1,
2018 through June 30, 2021. In addition, this Agreement provides for
automatic renewal for participation in successive three-year qualification
periods, unless the City provides written notice at least 60 days prior to
the end of the term that it elects not to participate in a new qualification
period. Before the end of the first three-year term, the County will notify
the City in writing of its right not to participate in the urban county for a
successive three-year term.
The Parties agree to adopt amendments to this Agreement incorporating
changes necessary to meet the requirements for cooperation agreements
set forth in an Urban County Qualification Notice by HUD for a
subsequent three-year urban County qualification period, prior to the
subsequent three-year extension of the term. Any amendment to this
Agreement shall be submitted to HUD as required by the regulations and
any failure to adopt required amendments will void the automatic renewal
of the Agreement for the relevant qualification period_
The Agreement remains in effect until the CDBG, HOME, and ESG
program funds and income received with respect to the three-year
qualification period, and the subsequent three-year renewals are
expended and the funded activities are-completed. The Parties may not_
terminate or withdraw from the Agreement while the Agreement remains
in effect.
D. Scope of Agreement. This Agreement covers the following formula
funding programs administered by HUD where the County is awarded and
accepts funding directly from HUD: the CDBG Entitlement Program, the
HOME Program, and the ESG Program.
SECTION II. Preparation and Submittal of CDBG Funding Applications.
A. Inclusion of City as Applicant. Parties agree that City shall be
included in the application the County shall submit to the Department
of Housing and Urban Development for Title I Housing and Community—
Development Block funds under the above recited Act. .
B. Consolidated Plan. City shall assist the County by preparing a
community development plan, for the period of this Agreement, which
identifies community development and housing needs, projects and
programs for the City; and specifies both short and long-term City
objectives, consistent with requirements of the Act. County agrees to:
(1) include the City plan in the program application, and (2) include
City's desired housing and community development objectives,
policies, programs, projects and plans as submitted by City in the
County's consolidated pian.
C. Application Submittal. County agrees to commit sufficient resources
to completing and submitting the Consolidated Plan and supporting
documents to HUD in time for the Parties to be eligible to receive
funding beginning July 1, 2018, and to hold public hearings as required
to meet HUD requirements.
D. County Responsibility. Parties agree that the County shall, as
applicant, be responsible for holding public hearings and preparing
and submitting the CDBG funding application and supporting materials
in a timely and thorough manner, as required by the Act and the
federal regulations established by HUD to secure entitlement grant
funding beginning July 1, 2018.
E. -Gfant Eligibility. -In executing this Agreement, the Parties understand
that they shall not be eligible to apply for grants under the Small Cities
or State CDBG Programs for appropriations for fiscal years during the
period in which the Parties are participating in the urban county CDBG
entitlement program; and further, the City shall not be eligible to
participate in the HOME, or ESG-programs except through the urban
county.
SECTION Ill. Program Administration.
A. Program Authorization. The County Administrator is hereby
authorized to carry out activities that will be funded from the annual
CDBG, HOME, and ESG programs from fiscal years 2018, 2019, and
2020 appropriations and from any program income generated from the
expenditure of such funds.
B. Responsibilities of Parties. Parties agree that the County shall be
the governmental entity required to execute any grant agreement
received--pursuant to the CDBG, HOME, and ESG applications, and
subject to the limitations set out in this Agreement, the County shall
thereby become liable and responsible thereunder for the proper
performance of the plan and CDBG, HOME, and ESG under County
programs. County agrees to perform program administrative tasks
such as environmental clearance under the National Environmental
Policy Act (NEPA), subrecipient agreements and monitoring of
subrecipients. City agrees to act in good faith and with due diligence in
performance of City obligations and responsibilities under this
Agreement and under all subrecipient agreements. City further agrees
that it shall fully cooperate with the County in all things required and
appropriate to comply with the provisions of any Grant Agreement
received by the County pursuant to the Act and its Regulations.
C. City Assistance. City agrees to undertake, conduct, perform or assist
the County in performing the essential community development and
housing assistance activities identified in the City's community
development plan. Pursuant to the Act and pursuant to 24 CFR
570.501(b), the City is subject to the same requirements applicable to
subrecipients, including the requirement of a written agreement with
the County as set forth in 24 CFR 570.503.
SECTION IV. Use of Program Funds,
A. Allocation of CDBG funds. All funds received by County pursuant to
this Agreement shall be identified and allocated, as described below,
to the specific projects or activities set out in the application, and such
allocated amounts shall be expended exclusively for such projects or
activities; provided, however, that a different distribution may be made
when required by HUD to comply with Title I of the Housing and
Community Development Act of 1974, as amended.
1) Metropolitan Cities' Allocation. The Parties agree that County
shall make available to City a total amount of CDBG funds equal-to-
that which City would have been entitled had it applied separately
as a "metropolitan city", using HUD allocation formulas as applied
by County, except that an amount equal to thirteen (13) percent of
the Metropolitan Cities' allocations of CDBG funds will be deducted
by the County to meet its obligations under the terms of this
Agreement and/or HUD requirements for administrative costs.
Further, with respect to the availability of the funds, County agrees
to fully cooperate and assist City in expending such funds.
2) Non-Metropolitan Cities' Allocation. County agrees to allocate a
portion of CDBG program funds to the non-Metropolitan,
incorporated cities participating-in the program. The amount of
allocation per city shall be equal to that which the urban county
formula award from HUD increases as a result of the HUD
allocation formulas as applied by County, except that an amount
equal to thirteen (13) percent of the Non-Metropolitan Cities'
allocations of CDBG funds will be deducted by the County to meet
its obligations under the terms of this Agreement and/or HUD
requirements for administrative costs.
3) The Urban County shall not recommend a CDBG award of less
than $8,000 for any one project or program due to the staff cost of
processing such awards in compliance with federal requirements.
A project or program recommended to receive an amount less
$8,000 can still receive an award if other parties make an award
which is aggregated to be greater than $8,000.
B. Availability of Funds. County agrees to make CDBG funds available
to all participating incorporated cities as set out here when HUD makes
the CDBG funds available to it. The County shall immediately notify
the participating incorporated cities of the availability of the funds.
It is understood by the Parties hereto that the CDBG funds being used
for the purposes of this Agreement are funds furnished to the County,
through HUD, pursuant to the provisions of the Act. Notwithstanding
any other provision of this Agreement, the liability of the County shall
be limited to CDBG funds available for the Project. The City
understands that the County must wait for release of CDBG funds
from HUD before CDBG funds may be advanced or reimbursed. The
County shall incur no liability to the City, its officers, agents,
employees, suppliers, or contractors for any delay in making any such
payments.
C. Administrative and Public Services Costs. County hereby
acknowledges that City, as subreciplent, incurs certain administrative
costs in preparing housing and economic development plans, program
planning, management and accounting, professional support services,
and other reasonable and-necessary expenses to carry out City's plan;
and further, County agrees that after the availability of CDBG program
funds to City, County shall not use its remaining balance of funds in
any way that would limit City's ability to use its CDBG funds to the
maximum extent allowed by HUD for administrative, public service, or
program purposes.
D. Income Generated. City shall notify the County of any income
generated by the expenditure of CDBG funds received by the City.
Such program income may be retained by City subject to the
provisions of this Agreement, the Act and its Regulations. Any
program income retained must only be used-for eligible activities-in
accordance with all CDBG requirements as they apply.
E. Use of Program Income. County shall monitor the use of any
program income, requiring appropriate record-keeping and reporting
by the City as may be needed for this purpose, and shall report the
use of such program income to HUD. In the event of close-out or
change of status of the City, all program income on hand or received
by the City subsequent to the close-out or change of status shall be
paid to the County. In the event that the City withdraws from the urban
county to become an entitlement grantee, as provided under 24 CFR
570.504, all program income on hand or received by the City from
urban county activities shall be retained by the City to be used as
additional CDBG funds subject to all applicable requirements
governing the use of CDBG funds.
F. Change in Use of Property. City shall notify the County of any
modification or change in the use of real property acquired or improved
in whole or in part using CDBG funds that is within the control of the
City, from that use planned at the time of acquisition or improvement
including disposition. Such notification shall be made within thirty (30)
calendar days of such change of use and comply with the provisions of
24 CFR 570.505.
G. Fair Housing Implementation. Parties agree that no urban county
funding shall be allocated or expended for activities in or in support of
any cooperating unit of general focal government that does not
affirmatively further fair housing within its own jurisdiction or that
impedes the County's actions to comply with its fair housing
certification.
H. Conflict Resolution. In the event of disagreement between the
County and the City as to the allocations, disbursement, use, or
reimbursement of CDBG funds, the Parties agree.to accept HUD's
written determination as to the appropriate resolution or disposition of
funds to the extent HUD is willing to resolve such disagreement.
I. Consolidated and Further Continuing Appropriations Act. The City
may not self, trade, or otherwise transfer all of any portion of CDBG
funds to another 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 1 of the Act.
J. Special Provisions-forthe Urban County.
(1) To affirmatively furthers fair housing and implement the Analysis of
Impediments to Fair Housing Choice or better known as the Fair
Housing Plan, the cities are encouraged to contribute CDBG funds to
affordable housing projects when there is an eligible CDBG
component in the proposal that is located within the city's jurisdiction.
(2) The County will enforce remedies for noncompliance pursuant to 2
CFR Part 200.338 and allowed per 2 CFR Part 200.207 (c) by pulling
CDBG funds for under preforming projects or programs not
implemented during agreed timeframe identified in the subrecipient
agreement.
SECTION V. Amendment or Extension of Agreement.
A. Subreciplent Agreement. For each fiscal year during the term of this
Agreement, County and City shall enter into a Subrecipient
Agreement, prepared jointly by County and City, which identifies a
project or program that the County will administer with the City's CDBG
entitlement funds during that program year. Said Subrecipient
Agreement will set forth the project changes, time schedule for
completion of the project(s), deliverable checklist, and additional
funding sources, if any. If substantial compliance with the completion
schedule cannot be met by the City due to unforeseen or
uncontrollable circumstances, the County may extend the schedule for
project completion, as allowed by federal regulations.
B. Amendments. Any amendments to the Agreement shall be in writing.
Parties agree that any such fully executed amendment or amendments
to this Agreement may be entered into at any time if required or
necessary to implement the plans contemplated hereunder, or to
comply with any grant agreement or the regulations issued pursuant to
the Act.
SECTION VI. Compliance with Federal Regulations.
A. General. The Parties agree to take all actions necessary to assure
compliance with the urban county's certifications required by section
104(b) of Title I of the Housing and Community Development Act of
1974, as amended, regarding Title VI of the Civil Rights Act of 1964,
the Fair Housing Act, affirmatively furthering fair housing, Section 109
of Title I of the Housing and Community Development Act of 1974; the
National Environmental Policy Act of 1969; the Uniform Relocation
Assistance and Real Property Acquisition Act of 1970; and other
applicable laws.
B. Citizen Participation. The Parties agree to comply with federal
citizen participation requirements of 24 CFR Part 91, and provide
citizens with:
1) An estimate of the amount of CDBG funds proposed to be used for
activities that will benefit persons of low and moderate income; and
2) A plan for minimizing displacement of persons as a result of
CDBG-assisted activities and programs, and to provide assistance
to such persons.
C. Citizen Participation Plan. The Parties agree to follow a citizen
participation plan which:
1) Provide for and encourages citizen participation, particularly those
of low or moderate income who reside in slum or blighted areas
where CDBG funds are proposed to be used;
2) Provide citizens with reasonable and timely access to local
meetings, staff reports, and other information relating to grantee's
proposed use of funds, as required by HUD regulations related to
the actual use of funds under the Act;
3) Provides for public hearings to obtain citizen views and to respond
to proposals and questions at all stages of the community
development program, including at least: 1) formulation of needs;
2) review of proposed grant activities; and 3) review of program
performance; for which public hearings shall be held after adequate
notice, at times and locations convenient to potential or actual
beneficiaries, and with accommodation of handicapped persons;
4) Provides for a timely written answer to written complaints and
grievances, within 15 working days where practicable;
5) Identifies how the needs of non-English speaking residents will be
-met in the case of public hearings where a significant number of
non-English speaking residents can be reasonably expected to
participate.
6) Identifies the use of non-traditional methods of community
outreach, including the provision of CDBG documents in a user-
friendly format, including but not limited to Braille, large print, oral
format, and delivering copies to homebound individuals.
D. The Parties hereby certify, to the best.of their knowledge and
belief, that:
1) Conflict of Interest. No federal grant monies have been paid or
will be paid, by or on behalf of the Parties, to any officer or
employee or any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making
of any federal grant, the making of any federal loan, the entering
into of any cooperative agreement, and the extension, continuation,
renewal, amendment or modification of any federal contract, grant,
loan, or cooperative agreement.
2) Influence. If any funds other than federally appropriated funds
have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this federal
contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit standard form LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
3) Certifications Disclosure. Parties agree to include this
certification in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements), and that all grant
subrecipients shall certify and disclose accordingly. This
certification is a material representation of fact upon which reliance
was placed when this transaction was entered into.
E.- Certification Regarding Policies Prohibiting Use of Excessive
Force and Regarding Enforcement of State and Local Laws
Barring Entrances.
In accordance with Section 519 Public Law 101 .144 (the 9990 HUD
Appropriations Act), the City certifies that it has adopted and is
enforcing.
1) A policy prohibiting the use of excessive force by law enforcement
agencies within their respective jurisdictions against any individuals
engaged in non-violent civil rights demonstrations; and
2)- A policy-of enforcing applicable State and local laws against
physically barring entrance to or exit from a facility or location which
is the subject of such non-violent civil rights demonstrations within
their jurisdictions.
SECTION VII: Execution of Agreement and Recordkeeping.
A. HUD Certification. The Director is hereby authorized to execute and
submit to the County the HUD Certification Form with respect to the
community development activities carried out within the boundaries of
the City. It is further understood that the County will rely upon the
certification executed by the Director for purposes of executing a
certification form for submission to HUD.
B. Maintenance of Records. City shall maintain records of activities for
any projects undertaken pursuant to the program, and said records
shall be open and available for inspection by auditors assigned by
HUD and/or County on reasonable notice during the normal business
hours of the City.
NOW, THEREFORE, the Parties hereto have caused this Cooperation
Agreement to be executed and attested by their proper officer thereunder duly
authorized, and their official seals to be hereunto affixed, all as of the day first
above written.
County Counsel Certification
The Office of the County Counsel hereby certifies that the terms and provisions
of this Agreement are fully authorized under State and local laws, and that the
Agreement provides full legal authority for the County to undertake or assist in
undertaking essential community development and housing assistance activities,
specifically urban renewal and publicly assisted housing.
APPROVED AS TO FORM AND EFFECT:
RITA L. NEAL
County Counsel
BY:
Deputy C y Counsel
DATED. r• (_7
By: {
Cha i1 erson of the oard of Supervisors
Date: I )I
ATTEST:
x1,2, Cu rn- , atz� C�rrir
Tommy oC� kg, County Clerk
County Clerk 92
f_x-Officio Clerk,Board of Supervisors
County off San Luis Obispo, tate of cafifomia
Date: GLiv a , 2Li:y�
NOW, THEREFORE, the Parties hereto have caused this Cooperation
Agreement to be executed and attested by their proper officer thereunder duly
authorized, and their official seals to be hereunto affixed, all as of the day first
above written.
jY OF ATASC RO
M O' A EY�MAR
Date: ?-(>1-7
ATTEST,
LA ". 0I/ -ftt , CITY CLERK
Date: I • �.-O• 1-7
APPROVED AS TO CONTENT:
4RA ELLE RICKARD, 6TY MANAGER
Date: (0 jc�
APPROVED S TO FORM:
a -
BRIAN PIERIK, CITY ATTORNEY
Date: 1V e 13 l