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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