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HomeMy WebLinkAboutr 10533 Approve Cooperation Agreement City and County Urban Grant Program 2015-17RESOLUTION NO 10533 (201 1 Series) A RESOLUTION 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 finds 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 Me 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 finding schedules project descriptions and funding and guidelines for CDBG program implementation R 10533 Resolution No 10533 (2014 Series) Page 2 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 prograin 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 Citv Manager Authontv 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 Council Member Ashbaugh seconded by Council Member Smith and on the following vote AYES Council Members Ashbaugh Carpenter and Smith Vice Mayor Christianson and Mayor Marx NOES None ABSENT None The foregoing resolution was passed and adopted this 17 °i day of June 2014 Ma v r an Marx L Anl� A AS TO FORM Attorney Exhibit A 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 W ITNESSETH 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 ommbus 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 Page 1 Exhibit A 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 Reneii al 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 Page 2 Exhibit A 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 11 Preparation and Submittal of CDBG FundmQ 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 Page 3 Exhibit A 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 111 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 Page 4 Exhibit A 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 1 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 Coumv, 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 Page 5 Exhibit A 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 Sen ices 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 requinng 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 Page 6 Exhibit A 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 Page 7 Exhibit A 1) Provide for and encourages citizen participation particularly those of low or moderate income who reside to 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 beneficianes 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 to 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 i) 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 to 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 federallv 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 Page 8 Exhibit A 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 Aireement and Recordkeepmt; 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 Countv 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 Page 9 Exhibit A 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 Marlyn Deputy County Counsel Date COUNTY OF SAN LUIS OBISPO I 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 Page 10 ATTEST Anthony J Melia. City Clerk Date APPROVED AS TO CONTENT Katie Lichtig City Manager Date APPROVED AS TO FORM Christine Dietnck City Attorney Date Exhibit A Page I I