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HomeMy WebLinkAbout06-17-2014 C5 Cooperation Agreement with the County of SLO regarding City Participation in the Urban County Community Development Block GrantCity of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number FROM: Derek Johnson, Community Development Director Prepared By: Tyler Corey, Housing Programs Manager SUBJECT: COOPERATION AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO REGARDING CITY PARTICIPATION IN THE URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FEDERAL PROGRAM FOR FISCAL YEARS 2015-2017 RECOMMENDATION Adopt a resolution approving the Cooperation Agreement with the County of San Luis Obispo for participation in the Urban County federal grant program for fiscal years 2015-2017. BACKGROUND The U.S. Department of Housing and Urban Development (HUD) has notified all eligible jurisdictions about qualifying or re-qualifying as urban entitlement counties for Community Development Block Grant (CDBG) funding for fiscal years 2015-2017. The cities of Arroyo Grande, Atascadero, Grover Beach, Paso Robles and San Luis Obispo, and the unincorporated County participated in the San Luis Obispo Urban County from 2012 through 2014. The County recently informed all cities in the County of their option to join or rejoin the Urban County for the coming term. HUD’s deadline for receiving final notification of Urban County participation is July 25, 2014. In 1993 the cities of San Luis Obispo, Atascadero and Paso Robles were designated by the federal government as Metropolitan Statistical Areas and eligible to receive federal grant funding. Starting in 1994 and under the leadership of City and County staff, several cities joined the County of San Luis Obispo to form an “Urban County”, thereby maximizing grant funds available to the County as a whole and allowing the unincorporated County and participating cities to be designated by HUD as “entitlement” jurisdictions. This action resulted in the Urban County receiving over $47 million in CDBG funding between 1994 and 2013. Of that, the City of San Luis Obispo received nearly $16 million, or approximately 33 percent of total Urban County funding. To continue participating in, or to join the Urban County, the legislative body of the jurisdiction must adopt a resolution approving a “Cooperation Agreement” which sets out the terms and requirements of participation (Attachment 2). The term of the Agreement is for a period of three years commencing July 1, 2015 through June 30, 2018. This Agreement provides for automatic renewal of 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. 6/17/2014 C5 C5 - 1 2015-2017 Cooperation Agreement with County Page 2 DISCUSSION Urban County Program Experience Under the current Cooperation Agreement the CDBG program has run well and the Urban County partnership has been mutually beneficial. As long as the City Council’s funding allocations meet federal grant rules, the Cooperation Agreement requires the County to “pass through” the funds as directed by Council. In essence, the City has the flexibility of allocating its CDBG funds independently, with the County assuming the primary responsibility for administering the overall program and meeting HUD rules. The County provides administrative support to the City’s program. County staff is the liaison with HUD and responsible for: 1) Preparing and adopting the five year Consolidated Plan; 2) Annual Action Plans; 3) Community Participation Plan; 4) Fair Housing Plan; 5) Administering fund disbursements using HUD’s computer program; 6) Preparing and adopting NEPA (federal) environmental documents; and 7) Reporting, auditing and monitoring sub-recipients. All of these tasks are required by CDBG regulations and benefit Urban County jurisdictions. County Proposal Regarding Administrative Funds HUD has recently advised the County that participating Urban County jurisdictions (i.e. all cities) should not administer their CDBG funded projects due to the increasing complexity of grant administration responsibilities and associated consequences for non-compliance. HUD recommends County staff take on this responsibility and retain enough CDBG administrative funds to cover staffing costs. The County has determined that 20% of their annual entitlement falls substantially short of covering the cost of assuming these additional administrative tasks. Since these tasks directly benefit participating jurisdictions, the County has proposed the following provisions for the upcoming 2015-2017 Cooperation Agreement: 1) Authorize the County to administer CDBG funds on behalf of the City once the City has approved funding allocations. 2) Authorize the County to retain 13% of the City’s 20% CDBG administrative allowance to cover staffing costs. 3) Avoid individual grant awards of less than $8,000 for public service activities. Staff Analysis CDBG regulations allow up to 20% of the funds to be used to administer the grant program and implement housing programs that support housing for low income constituents. The City has designated the full 20% to support the Housing Programs. Due to reductions in the Federal budget, grant funds awarded through the CDBG program have been diminishing nationwide over the last ten years. At the same time, program administration costs have increased due to HUD’s increased requirements in reporting and monitoring standards. The reduction in funds coupled with increased expectations and monitoring requirements has raised program administration costs for the Urban County. C5 - 2 2015-2017 Cooperation Agreement with County Page 3 Over the past several months staff has worked closely with the County to better understand HUD’s recommendation and background analysis supporting their proposal. These discussions have resulted in staff support of the County’s proposal for the following reasons: 1) The County will assume 90% of the City’s CDBG project responsibilities and 83% of program wide tasks for 13% of our 20% administrative allowance. This will leave the City with adequate administration funds (7%) to cover the remaining program administration work. 2) The proposal is consistent with direction from HUD and will strengthen the Urban County as a whole in regards to our capacity to administer federal grants. 3) The proposal will free up staff time dedicated to CDBG program administration to work on other high priority City projects, such as the Affordable Housing Program, Housing Element implementation and homeless initiatives. CDBG funds have been used to leverage significant funds from other grant programs and the City’s Affordable Housing Fund for financing affordable housing projects such as the Habitat for Humanity project on Rockview Place and the South Street Family Apartment project on South Street. CDBG funds received under the program provide an outside source of funding for affordable housing and social service programs that would otherwise not be funded or would draw funding from other priority City programs and services. ENVIRONMENTAL REVIEW The project is exempt from environmental review per CEQA Guidelines under the General Rule (Section 15061(b)(3)). The project is a Cooperation Agreement between the City and County for joint participation in administering the CDBG grant program for fiscal years 2015-2017. Each grant request approved for funding will be subject to CEQA at the time the project is filed. It can be seen with certainty that the proposed Cooperation Agreement will have no significant effect on the environment. FISCAL IMPACT The 2015-2017 Cooperation Agreement will financially affect the City beginning in fiscal year 2015-16. Participation in the Urban County will have a beneficial effect on the City’s fiscal condition, since costs to administer the CDBG program will continue to be funded through the grant itself. However, costs associated with Housing Element implementation will require a greater contribution from other funding sources such as the General Fund or the Affordable Housing Fund. This is estimated to be approximately $75,000 in fiscal year 2015-2016, which represents an increase of approximately $40,000 over the 2014-2015 Financial Plan General Fund support. This estimate is based on the 2014 fiscal year CDBG allocation amount ($489,446), County retention of 13% ($63,628) of the City’s 20% ($97,889) administrative allowance and estimated Affordable Housing Fund administration fees ($17,000 per year). Funding for the Housing Programs implementation will be addressed as part of the 2015-2017 Financial Plan. C5 - 3 2015-2017 Cooperation Agreement with County Page 4 ALTERNATIVE Do not participate in the Urban County. In this case, the City would be required to compete for CDBG funds directly from HUD. Staff does not recommend this alternative since the Urban County program has proven effective and opting out of the Urban County would result in increased program administrative costs without any guarantee that the City would receive grant funding. Furthermore, grant applications are highly competitive and it is unlikely that the City would be awarded funding at the frequency and amounts that participation in the Urban County provides. ATTACHMENTS 1. Draft Resolution 2. 2015-2017 Cooperation Agreement T:\Council Agenda Reports\2014\2014-06-17\2015-17 Cooperation Agreement with County (Johnson-Corey)\C5 - Cooperation Agreement.docx C5 - 4 Attachment 1 RESOLUTION NO. XXXX-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A COOPERATION AGREEMENT BETWEEN THE CITY AND COUNTY OF SAN LUIS OBISPO TO RECOGNIZE JOINT PARTICIPATION IN THE URBAN COUNTY GRANT PROGRAM FOR FISCAL YEARS 2015-2017 WHEREAS, the County of San Luis Obispo (“County”), a political subdivision of the State of California, and the City of San Luis Obispo (“City”), a municipal corporation, desire to participate in the Community Development Block Grant (CDBG) program administered by the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, said program will promote the public health, safety and welfare by providing grant funds to be used by the City and County (“parties”) to improve housing opportunities for low- and moderate-income households, to encourage economic reinvestment, to improve community facilities and public services, and to provide other housing-related facilities or services; and WHEREAS, HUD requires that the parties enter into a cooperation agreement to define their rights and obligations as a prerequisite of participation in the Urban County program; and WHEREAS, the parties have developed such an agreement that automatically renews for subsequent three year increments unless the City provides written notice of its intent to not participate in a new qualification period; and WHEREAS, the City desires to continue its participation for the upcoming 2015-2017 program years. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: Section 1. Findings. Based upon all the evidence, the City Council makes the following findings: 1. The proposed Cooperation Agreement is consistent with the General Plan and with City and County policies encouraging cooperation between agencies on issues of regional significance such as affordable housing and public services. 2. The proposed Cooperation Agreement will promote the public health, safety and welfare by enabling the City and County to participate in HUD’s Urban County entitlement program, thus making available funds for a variety of housing projects, economic development, and public services programs not otherwise possible or available. 3. The City and County intend to enter into subrecipient agreements that will establish administrative policies and procedures, performance standards and funding schedules, C5 - 5 Resolution No. (2014 Series) Attachment 1 Page 2 project descriptions and funding, and guidelines for CDBG program implementation. 4. The project is exempt from environmental review per CEQA Guidelines under the General Rule (Section 15061(b)(3)). The project is a Cooperation Agreement between the City and County for joint participation in administering the CDBG grant program for fiscal years 2015-2017. Each grant request approved for funding will be subject to CEQA at the time the project is filed. It can be seen with certainty that the proposed Cooperation Agreement will have no significant effect on the environment. Section 2. Action. The City Council does hereby authorize the Mayor to sign the Urban County Cooperation Agreement, Exhibit A, with the County to enable continued joint participation in the Urban County CDBG program administered by HUD. Section 3. City Manager Authority. The City Manager is hereby authorized to act on behalf of the City in connection with the implementation of the agreement, on-going operation of the CDBG program, and all other activities necessary to carry out the intent of the agreement and amendments thereto. Upon motion of , seconded by , and on the following vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this 17th day of June, 2014. ____________________________________ Mayor Jan Marx ATTEST: ____________________________________ Anthony J. Mejia City Clerk APPROVED AS TO FORM: _____________________________________ Christine Dietrick City Attorney C5 - 6 Attachment 2 Exhibit A Page 1 A COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF SAN LUIS OBISPO FOR JOINT PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, THE HOME INVESTMENT PARTNERSHIPS PROGRAM, THE EMERGENCY SOLUTIONS GRANT PROGRAM, AND THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM FOR FISCAL YEARS 2015 THROUGH 2017 THIS AGREEMENT is made and entered into this day of __ , 2014, by and between the County of San Luis Obispo, a political subdivision of the State of California, hereinafter called “County”; and the City of San Luis Obispo, a municipal corporation and Charter City 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 (CDBG) Program, the HOME Investment Partnerships (HOME) Program, the Emergency Solutions Grant (ESG) Program, and the Housing Opportunities for Persons with AIDS (HOPWA) Program 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 WHEREAS, the City desires to participate jointly with the County in said program; and C5 - 7 Attachment 2 Exhibit A Page 2 WHEREAS, if HUD redesignates the County as an urban county, the County may also be eligible to receive funds from the Home Investment Partnership Program (hereinafter referred to as “HOME”), the Emergency Solutions Program (hereinafter referred to as “ESG”), and the Housing Opportunities for Persons with Aids Program (hereinafter referred to as “HOPWA”); and WHEREAS, the Community Development Block Grant 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, ESG, and HOPWA 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, ESG, and HOPWA 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, 2015 through June 30, 2018. 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 C5 - 8 Attachment 2 Exhibit A Page 3 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, ESG, and HOPWA 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, the Emergency Solutions Grant (ESG) Program, and the Housing Opportunities for Persons with AIDS (HOPWA) 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 plan. 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, 2015, 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 C5 - 9 Attachment 2 Exhibit A Page 4 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, 2015. E. Grant 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, ESG or HOPWA programs except through the urban county. SECTION III. Program Administration. A. Program Authorization. The County Administrator is hereby authorized to carry out activities that will be funded from the annual CDBG, HOME, ESG, and HOPWA programs from fiscal years 2015, 2016, and 2017 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, ESG, and HOPWA 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, ESG, and HOPWA under County programs. County agrees to administer all CDBG administrative duties associated with the grant program on behalf of the City once funding allocations have been approved, including but not limited to, National Environmental Policy Act (NEPA) environmental clearances, subrecipient agreements and contracts, processing payments, monitoring and reporting. 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 C5 - 10 Attachment 2 Exhibit A Page 5 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) City agrees that it shall not recommend an individual CDBG award of less than $8000 for public service activities due to the staff cost of processing such awards in compliance with federal requirements. County may question inclusion of such a project. Notwithstanding, City and County each may make an award of $8,000 which is aggregated to a greater amount). 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 C5 - 11 Attachment 2 Exhibit A Page 6 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 subrecipient, 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 local 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. C5 - 12 Attachment 2 Exhibit A Page 7 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. SECTION V. Amendment or Extension of Agreement. A. Subrecipient 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 will list the project(s) City will undertake with its CDBG entitlement funds during that program year. Said Subrecipient Agreement will set forth the project changes, time schedule for completion of the project(s), 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: C5 - 13 Attachment 2 Exhibit A Page 8 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 C5 - 14 Attachment 2 Exhibit A Page 9 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 1990 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 C5 - 15 Attachment 2 Exhibit A Page 10 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. By: Elizabeth Martyn , Deputy County Counsel Date: COUNTY OF SAN LUIS OBISPO By: Chairperson of the Board of Supervisors Date: ATTEST: Julie Rodewald, County Clerk Date: NOW, THEREFORE, the Parties hereto have caused this Cooperation Agreement to be executed and attested by their proper officer therunder duly authorized, and their official seals to be hereunto affixed, all as of the day first above written. CITY OF SAN LUIS OBISPO Jan Marx, Mayor Date: C5 - 16 Attachment 2 Exhibit A Page 11 ATTEST: Anthony J. Mejia, City Clerk Date: APPROVED AS TO CONTENT: Katie Lichtig, City Manager Date: APPROVED AS TO FORM: Christine Dietrick, City Attorney Date: C5 - 17 Page intentionally left blank. C5 - 18