HomeMy WebLinkAboutA36-05 Cooperation AgreementA COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN LUI S
OBISPO AND THE CITY OF SAN LUIS OBISPO FOR JOINT PARTICIPATIO N
IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, TH E
HOME INVESTMENT PARTNERSHIPS PROGRAM, THE EMERGENCY
SHELTER GRANT PROGRAM, THE AMERICAN DREAM DOWNPAYMEN T
INITIATIVE PROGRAM, AND THE HOUSING OPPORTUNITIES FO R
PERSONS WITH AIDS (HOPWA) PROGRAM FOR FISCAL YEARS 200 6
THROUGH 2008
THIS AGREEMENT is made and entered into this a day of,
2005, by and between the County of San Luis Obispo, a political subdivision of the Stat e
of California, hereinafter called "County"; and the City of San Luis Obispo, a municipa l
corporation of the State of California, located in the County of San Luis Obispo,
hereinafter called "City "jointly referred to as "Parties ."
WITNESSET H
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 th e
"Act". Said Act is omnibus legislation relating to federal involvement in a wide range o f
housing and community development activities and contains eight separate titles ; and
WHEREAS,Title I of the Act is entitled "Community Development" an d
consolidates several existing categorical programs for housing and communit y
development into new programs for such housing and development of metropolitan citie s
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, th e
HOME Investment Partnerships (HOME) Program, the Emergency Shelter Grant (ESG )
Program, the American Dream Downpayment Initiative (ADDI) Program, and th e
Housing Opportunities for Person with AIDS (HOPWA) Program are consolidated unde r
Title I of the Act ; and
WHEREAS,the County of San Luis Obispo has requested of the federa l
Department of Housing and Urban Development, hereinafter referred to as "HUD", tha t
the County be designated as an "urban county"; and
, the County needs to requalify as an urban county and will b e
CDBG funds provided that the County's entitled cities defer thei r
ounty to enable both the County and the entitlement cities to jointl y
ogram; an d
, the City desires to participate jointly with the County i n
WHEREA
eligible to receiv e
entitlement to the
participate in the p
WHEREAS,if HUD redesignates the County as an urban county, the Count y
may also be eligible to receive funds from the Home Investment Partnership Progra m
(hereinafter referred to as "HOME"), the Emergency Shelter Program (hereinafte r
referred to as "ESG"), the American Dream Downpayment Initiative Progra m
(hereinafter referred to as "ADDI"), and the Housing Opportunities for Persons with Aid s
Program (hereinafter referred to as "HOPWA"); and
WHEREAS,the Community Development Block Grant Regulations issue d
pursuant to the Act provide that qualified urban counties must submit an application t o
the Department of Housing and Urban Development for funds, and that cities and smalle r
communities within the metropolitan area not qualifying as metropolitan cities may joi n
the County in said application and thereby become a part of a more comprehensiv e
county effort ; an d
WHEREAS,as the urban county applicant, the County must take responsibilit y
and assume all obligations of an applicant under federal statues, including : the analysis o f
needs, the setting of objectives, the development of community development and housin g
assistance plans, the consolidated plan, and the assurances of certifications ; and
WHEREAS,by executing this Agreement, the Parties hereby give notice of thei r
intention to participate in the urban county CDBG, HOME, ESG, ADDI, and HOPW A
programs .
NOW THEREFORE,in consideration of the mutual promises, recitals and othe r
provisions hereof, the Parties agree as follows :
SECTION I.General.
A.Responsible Officers .The Director of the County of San Luis Obisp o
Department of Planning and Building (hereinafter referred to as "Director") i s
hereby authorized to act as applicant for the CDBG, HOME, ESG, ADDI, an d
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 Cit y
under the programs .
B.Full Cooperation .Parties agree to fully cooperate and to assist each other i n
undertaking eligible grant programs or projects, including but not limited t o
community renewal and lower income housing assistance activities, specificall y
urban renewal and publicly-assisted housing ; public services ; and economi c
development .
C.Term of Agreement Automatic Renewal Provision .The term of thi s
Agreement shall be for a period of three (3) years commencing July 1, 200 6
through June 30, 2009 . In addition, this Agreement automatically renews to a
new second consecutive three-year term, unless the City provides written notice a t
least 60 days prior to the end of the term that it elects not to participate in a ne w
Page 2
qualification period . Before the end of the first three-year term, the County wil l
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 change s
necessary to meet the requirements for cooperation agreements set forth in th e
Urban County Qualification Notice by HUD, prior to the subsequent three-yea r
extension of the term . Any amendment to this Agreement shall be submitted t o
HUD as required by the regulations and any failure to adopt required amendment s
will void the automatic renewal of the Agreement for the second three-year term .
The Agreement remains in effect until the CDBG, HOME, ESG, ADDI,an d
HOPWA program funds and income received with respect to the three-yea r
qualification period, and the subsequent three-year renewal, are expended and th e
funded activities are completed . The Parties may not terminate or withdraw fro m
the Agreement while the Agreement remains in effect .
D . Scope of Agreement .This Agreement covers the following formula fundin g
programs administered by HUD where the County is awarded and accept s
funding directly from HUD : the CDBG Entitlement Program, the HOME
Program, the Emergency Shelter Grant (ESG) Program, the American Drea m
Downpayment Initiative (ADDI) Program and the Housing Opportunities fo r
Person 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 i n
the application the County shall submit to the Department of Housing an d
Urban Development for Title I Housing and Community Development Bloc k
funds under the above recited Act .
B.Consolidated Plan .City shall assist the County by preparing a communit y
development plan, for the period of this Agreement, which identifie s
community development and housing needs, projects and programs for th e
City ; and specifies both short and long-term City objectives, consistent wit h
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 submitte d
by City in the County's consolidated plan.
Application Submittal .County agrees to commit sufficient resources t o
completing and submitting the Consolidated Plan and supporting document s
to HUD in time for the Parties to be eligible to receive funding beginning Jul y
1, 2006, and to hold public hearings as required to meet HUD requirements .
County Responsibility .Parties agree that the County shall,as applicant, be
responsible for holding public hearings and preparing and submitting th e
CDBG funding application and supporting materials in a timely and thoroug h
manner, as required by the Act and the federal regulations established b y
HUD to secure entitlement grant funding beginning July 1, 2006 .
Grant Eligibility .In executing this Agreement, the Parties understand tha t
they shall not be eligible to apply for grants under the Small Cities or Stat e
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 ,
ADDI or HOPWA programs except through the urban county .
SECTION III .Program Administration .
A.Program Authorization .County Administrator is hereby authorized to carr y
out activities that will be funded from the annual CDBG, HOME, ESG ,
ADDI, and HOPWA programs from fiscal years 2006, 2007, and 200 8
appropriations and from any program income generated from the expenditur e
of such funds .
B.Responsibilities of Parties .Parties agree that the County shall be th e
governmental entity required to execute any grant agreement receive d
pursuant to the CDBG, HOME, ESG, ADDI, and HOPWA applications, an d
the County shall thereby become legally liable and responsible thereunder fo r
the proper performance of the plan and CDBG, HOME, ESG, ADDI,an d
HOPWA under county programs . City agrees to act in good faith and with
due diligence in performance of City obligations and responsibilities unde r
this Agreement and under all subrecipient agreements . City further agree s
that it shall fully cooperate with the County in all things required an d
appropriate to comply with the provisions of any Grant Agreement receive d
by the County pursuant to the Act and its Regulations .
City Assistance .City agrees to undertake, conduct, perform or assist th e
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 t o
the same requirements applicable to subrecipients, including the requiremen t
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 th e
specific projects or activities set out in the application, and such allocate d
amounts shall be expended exclusively for such projects or activities ;
provided, however, that a different distribution may be made when require d
Page 4
by HUD to comply with Title I of the Housing and Community Development
Act of 1974, as amended .
1)Metropolitan Cities' Allocation .Parties agree that County shall mak e
available to City a total amount of CDBG funds equal to that which Cit y
would have been entitled had it applied separately as a "metropolita n
city", using HUD allocation formulas as applied by County . No
"administrative" fee or other fees will be deducted by the County to meet s
its obligations under the terms of this Agreement . Further, with respect t o
the availability of the funds, County agrees to fully cooperate and assis t
City in expending such funds .
2)Non-Metropolitan Cities' Allocation .County agrees to allocate a
portion of CDBG program funds to the non-Metropolitan, incorporate d
cities participating in the program . The amount of allocation per city shal l
be equal to that which the urban county formula award from HU D
increases as a result of the HUD allocation formulas as applied by County .
3)Special Urban Project Fund .It is further agreed that County shall se t
aside a portion of CDBG funds as a Special Urban Projects Fund ,
available to all participating incorporated cities and the County of Sa n
Luis Obispo County on a competitive basis . Amount of the Fund shal l
equal fifteen (15) percent of the urban county formula CDBG fundin g
after deducting the allocation for cities as described in paragraph 1 and 2
above . The Special Urban Projects Fund shall be awarded annually by th e
County Board of Supervisors, following criteria developed jointly b y
County and the cities participating in the program .
4)County allocation .City agrees that urban county formula CDBG fund s
remaining after deducting allocations for cities and the Special Urba n
Projects Fund comprise the County allocation .
Availability of Funds .County agrees to make CDBG funds available to al l
participating incorporated cities when HUD makes the CDBG funds availabl e
to it . The County shall immediately notify the participating incorporate d
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 HU D
pursuant to the provisions of the Housing and Community Development Ac t
of 1974, as amended, hereinafter referred to as the "Act". Notwithstandin g
any other provision of this Contract, the liability of the County shall be limite d
to CDBG funds available for the Project . The City understands that th e
County must wait for release of CDBG funds from HUD before CDBG fund s
may be advanced or reimbursed . The County shall incur no liability to th e
Page 5
City, its officers, agents, employees, suppliers, or contractors for any delay in
making any such payments .
Payments .The information required by HUD for cash disbursements shall be
provided by the City to request payment from the County . The County shall
review payment claims for compliance with the statement of work and th e
other provisions of this Agreement . All payment of claims are subject to th e
availability of funds to the County from HUD .If claims are complete an d
accurate, comply with federal regulations and if proper procedures are met ,
County will make payment within 10 business days from the date of receipt of
the correct original claim .
Administrative and Public Services Costs .County hereby acknowledge s
that City, as subrecipient, incurs certain administrative costs in preparing
housing and economic development plans, program planning, managemen t
and accounting, professional support services, and other reasonable an d
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 it s
remaining balance of funds in any way that would limit City's ability to use it s
CDBG funds to the maximum extent allowed by HUD for administrative,
public service, or program purposes .
Income Generated .City shall notify the County of any income generated b y
the expenditure of CDBG funds received by the City . Such program incom e
may be retained by City subject to the provisions of this Agreement, the Ac t
and its Regulations . Any program income retained must only be used fo r
eligible activities in accordance with all CDBG requirements as then apply .
F.Use of Program Income .County shall monitor the use of any program
income, requiring appropriate record-keeping and reporting by the City a s
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, al l
program income on hand or received by the City subsequent to the close-ou t
or change of status shall be paid to the County . In the event that the Cit y
withdraws from the urban county to become an entitlement grantee, a s
provided under 24 CFR 570 .504, all program income on hand or received b y
the City from urban county activities shall be retained by the City to be used
as additional CDBG funds subject to all applicable requirements governin g
the use of CDBG funds .
G.Change in Use of Property .City shall notify the County of any modificatio n
or change in the use of real property acquired or improved in whole or in par t
using CDBG funds that is within the control of the City, from that use planne d
at the time of acquisition or improvement including disposition . Such
notification shall be made within thirty (30) days of such change of use and
comply with the provisions of 24 CFR 570 .505 .
Page 6
Fair Housing Implementation Parties agree that no urban county fundin g
shall be allocated or expended for activities in or in support of an y
cooperation 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 .
Conflict Resolution .In the event of disagreement between the County an d
the City as to the allocations, disbursement, use, or reimbursement of CDB G
funds, the Parties agree to accept HUD's written determination as to th e
appropriate resolution or disposition of funds to the extent HUD is willing t o
resolve such disagreement .
SECTION V .Amendment or Extension of Agreement .
A . Subrecipient Agreement .For each fiscal year during the term of thi s
Agreement, County and City shall enter into a Subrecipient Agreement ,
prepared jointly by County and City, that will list the project(s) City wil l
undertake with its CDBG entitlement funds during that program year . Sai d
Subrecipient Agreement will set forth the project changes, time schedule fo r
completion of the project(s), and additional funding sources, if any . If
substantial compliance with the completion schedule cannot be met by th e
City due to unforeseen or uncontrollable circumstances, the City may exten d
the schedule for project completion, as allowed by federal regulations .
Amendments .Parties agree that a fully executed amendment or amendment s
to this Agreement may be entered into at any time if required or necessary t o
implement the plans contemplated hereunder, or to comply with any gran t
agreement or the regulations issued pursuant to the Act .
SECTION VI .Compliance with Federal Regulations .
A.General.Parties agree to take all actions necessary to comply with the urban
county's certifications required by section 104(b) of Title I of the Housing an d
Community Development Act of 1974, as amended, including Title VI of th e
Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title I of th e
Housing and Community Development Act of 1974 ; the National
Environmental Policy Act of 1969 ; the Uniform Relocation Assistance an d
Real Property Acquisition Act of 1970 ; and other applicable laws .
B.Citizen Participation.Parties agree to comply with federal citizen
participation requirements of 24 CFI( Part 91, and provide citizens with :
An estimate of the amount of CDBG funds proposed to be used fo r
activities that will benefit persons of low and moderate income ; an d
b. A plan for minimizing displacement of persons as a result of CDB G
assisted activities and programs, and to provide assistance to such persons .
Page 7
C .
Citizen Participation Plan.Parties agree to follow a citizen participatio n
plan which :
Provide for and encourages citizen participation, particularly those of lo w
or moderate income who reside in slum or blighted areas where CDB G
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 unde r
the Act ;
3)Provides for public hearings to obtain citizen views and to respond t o
proposals and questions at all stages of the community developmen t
program, including at least : 1) formulation of needs ; 2) review of propose d
grant activities ; and 3) review of program performance ; for which public
hearings shall be held after adequate notice, at times and location s
convenient to potential or actual beneficiaries, and with accommodation o f
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 i n
the case of public hearings where a significant number of non-Englis h
speaking residents can be reasonably expected to participate .
D .
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 b e
paid, by or on behalf of the Parties, to any officer or employee or an y
agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding o f
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 an y
federal contract, grant, loan,or cooperative agreement .
2)Influence.If any funds other than federally appropriated funds have bee n
paid or will be paid to any person for influencing or attempting t o
influence an officer or employee of any agency, a Member of Congress, a n
officer or employee of Congress, or an employee of a Member o f
Congress in connection with this federal contract, grant, loan, o r
cooperative agreement, the undersigned shall complete and submi t
Page 8
standard form LLL, "Disclosure Form to Report Lobbying," in accordanc e
with its instructions .
3)Certifications Disclosure .Parties agree to include this certification in th e
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 . Thi s
certification is a material representation of fact upon which reliance wa s
placed when this transaction was entered into .
Certification Regarding Policies Prohibiting Use of Excessive Force an d
Regarding Enforcement of State and Local Laws Barring Entrances .
In accordance with Section 519 Public Law 101-144 (the 1990 HU D
Appropriations Act), the City certifies that it has adopted and is enforcing .
1)A policy prohibiting the use of excessive force by law enforcemen t
agencies within their respective jurisdictions against any individual s
engaged in non-violent civil rights demonstrations ; and
2)A policy of enforcing applicable State and local laws against physicall y
barring entrance to or exit from a facility or location which is the subjec t
of such non-violent civil rights demonstrations within their jurisdictions .
SECTION VII .ExecutionofAgreement and Recordkeeping .
A . HUD Certification .The Director is hereby authorized to execute and submi t
to the County the HUD Certification Form with respect to the communit y
development activities carried out within the boundaries of the City .It i s
further understood that the County will rely upon the certification executed b y
the Director for purposes of executing a certification form for submission t o
HUD .
Maintenance of Records .City shall maintain records of activities for an y
projects undertaken pursuant to the program, and said records shall be open
and available for inspection by auditors assigned by HUD and /or County o n
reasonable notice during the normal business hours of the City .
NOW,THEREFORE,the Parties hereto have caused this Cooperation Agreement to b e
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 Certificatio n
The Office of the County Counsel hereby certifies that the terms and provisions of thi s
Agreement are fully authorized under State and local laws, and that the Agreemen t
provides full legal authority for the County to undertake or assist in undertaking essentia l
Page 9
community development and housing assistance activities, specifically urban renewal and
publicly assisted housing .
Date : JUN 2 8 200 5
ATTEST :
Julie Rodew aid, County Clerk
,y, Dyputy County
Date : .02c-DS-
COUNTY OF SAN LUIS OBISPO
Date : JUN28 2005
+.11
Deputy Clerk
Page 10
NOW,THEREFORE,the Parties hereto have caused this Cooperation Agreement to be
executed and attested by their proper officer therunder duly authorized, and their officia l
seals to be hereunto affixed, all as of the day first above written .
CITY OF SAN LUIS OBISP O
I
DAVID F. ROMERO, MAYOR
Date : +s./at/®s`
ATTEST :
Date : /C~
APPROVED AS TO CONTENT :
TH C . HAMPIAN, CIT ADMINI TRATIVE OFFICE R
APPROVED AS TO FORM :
JONN P. LOWELL, CITY ATTORNE Y
Date :l
Page 11