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HomeMy WebLinkAboutCD Second Amendment to Cooperation Agreement with County of Marin for Grant Programs____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: September 18, 2023 Disposition: Authorized Execution of a Second Amendment to the City’s Cooperation Agreement with the County of Marin for the Community Development Block Grant (CDBG) and Home Programs Agenda Item No: 4.b Meeting Date: September 18, 2023 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Development Prepared by: Chris Hess, Assistant Director Alexis Captanian, Housing Analyst City Manager Approval: ______________ TOPIC: SECOND AMENDMENT TO COOPERATION AGREEMENT WITH COUNTY OF MARIN FOR GRANT PROGRAMS SUBJECT: AUTHORIZE EXECUTION OF A SECOND AMENDMENT TO THE CITY’S COOPERATION AGREEMENT WITH THE COUNTY OF MARIN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME PROGRAMS RECOMMENDATION: Authorize the execution of a second amendment to the City’s cooperation agreement with the County of Marin for the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) programs. BACKGROUND: On June 5, 2023, the San Rafael City Council adopted a resolution authorizing execution of a three-year amendment to the City’s cooperation agreement with the County of Marin for the Community Development Block Grant (CDBG) and HOME Programs. In June 2023, the City Council authorized a first amendment to renew the Cooperation Agreement for federal fiscal years 2023-2024 through 2025- 2026 and incorporate minor changes that reflect grantee responsibilities to affirmatively further fair housing. The associated staff report from June 5, 2023 provides information on the CDBG and HOME programs, a description of the funding allocation process through the cooperation agreement, reasons for this approach, and the City’s status in absence of a cooperation agreement. In June 2023, staff submitted the first amendment, the required HUD 424-B Assurance and Certifications form for CDBG grantees, and a letter stating the City’s intention to participate in a collaborative process. The U.S. Department of Housing and Urban Development (HUD) is requesting an additional amendment to the cooperation agreement. See Attachment 3 for the proposed second amendment. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 ANALYSIS: The second amendment to the 2020 Cooperation Agreement adds “24 CFR part 1” as a citation to paragraph 9, in reference to the Code of Federal Regulations on nondiscrimination in federally assisted programs, which was inadvertently excluded from the first amendment. This is a minor, editorial change to the document. There are no other changes in the amendment. FISCAL IMPACT: There is no fiscal impact associated with the second amendment to the cooperation agreement. OPTIONS: The City Council has the following options to consider on this matter: 1. Authorize execution of a second amendment. 2. Authorize execution of a second amendment with modifications. 3. Direct staff to return with more information. 4. Reject second amendment and direct staff to renegotiate Cooperation Agreement. RECOMMENDED ACTION: Authorize the execution of a second amendment to the City’s cooperation agreement with the County of Marin for the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) programs. ATTACHMENTS: 1. 2020 Cooperation Agreement 2. First Amendment to 2020 Cooperation Agreement 3. Proposed Second Amendment to 2020 Cooperation Agreement FIRST AMENDMENT TO THE COOPERATION AGREEMENT BETWEEN THE COUNTY OF MARIN AND CITY OF SAN RAFAEL FOR A COMMUNITY DEVELOPMENT PROGRAM This FIRST AMENDMENT (“First Amendment”) to that certain Community Development Block Grant and Home Investment Partnerships Program Cooperation Agreement between the County of Marin, a political subdivision of the State of California, hereinafter called "County," and City of San Rafael, a municipal corporation of the State of California, located in the County of Marin, hereinafter called "City," collectively referred to as “Parties,” dated on or about June 24, 2020 (“Cooperation Agreement”), is hereby entered into between the Parties, effective July 25, 2023. The purpose of this First Amendment is to renew the Cooperation Agreement for federal fiscal years 2024-2026 and to incorporate into the Cooperation Agreement language as required by the U.S. Department of Housing and Urban Development (HUD), Office of Community Planning and Development (CPD) Notice 23-02. Accordingly, the County of Marin and the City hereby agree as follows: 1. Amendment to Paragraph 9. Paragraph 9 of the Cooperation Agreement is hereby amended as follows: County, City, and all other cooperating cities shall take all actions necessary to assure compliance with the urban county’s certification under section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, and that the grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964, the Fair Housing Act, and the implementing regulations at 24 CFR part 100, and will affirmatively further fair housing. See 24 CFR § 91.225(a) and Affirmatively Furthering Fair Housing Definitions and Certifications (86 FR 30779, June 10, 2021), to be codified at 24 CFR 5.151 and 5.152. County, City, and all other cooperating cities shall also take all actions necessary to assure compliance with Section 109 of Title I of the Housing and Community Development Act of 1974 (which incorporates Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975), and the implementing regulations at 24 CFR part 6, which incorporates Section 504 of the Rehabilitation Act of 1973, and the implementing regulations at 24 CFR part 8, Title II of the Americans with Disabilities Act, and the implementing regulations at 28 CFR part 35, the Age Discrimination Act of 1975, and the implementing regulation at 24 CFR part 146, and Section 3 of the Housing and Urban Development Act of 1968, and other applicable laws. Use of urban county funds for activities in, or in support of, any cooperating city that does not affirmatively further fair housing within its own jurisdiction or that impedes the county’s actions to comply with the county’s fair housing certification shall be prohibited. The City must also sign the assurances and certifications in the HUD 424- B, attached hereto. Pursuant to 24 CFR 570.501(b), City is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement as described in 24 CFR 570.503. County, City, all other cooperating cities, metropolitan cities, urban counties, units of general local government, Indian tribes, and insular areas that directly or indirectly receive funds provided under Title I of the Housing and Community Development Act of 1974, as amended, may not sell, trade, or otherwise transfer all or any portion of such funds to another such entity in exchange for any other funds, credits, or non-Federal considerations, but must use such funds for activities eligible under Title I of the Housing and Community Development Act of 1974, as amended. 2. Amendment to Fiscal Year References. All references in the Cooperation Agreement to “federal fiscal years 2021, 2022, and 2023” are hereby amended to refer to “federal fiscal years 2021, 2022, 2023, 2024, 2025, and 2026.” 3. All Other Provisions Unchanged. All provisions of the Cooperation Agreement not explicitly amended through this First Amendment remain in full force and effect. 4. Authority to Execute Amendment. The person signing on behalf of the City of San Rafael certifies to the County that he/she/they has the authority to execute this First Amendment, and that execution of this First Amendment on behalf of the City is in accord with all City processes for obtaining such signature. The person executing this First Amendment on behalf of the City recognizes that the County will rely on this certification in order to procure funds from HUD for use by the City. IN WITNESS WHEREOF, the Parties have executed the above instrument on the day and year first above written. COUNTY OF MARIN CITY OF SAN RAFAEL By: By: Stephanie Moulton-Peters, President Board of Supervisors Mayor Kate Colin ATTEST: ATTEST: Deputy Clerk of the Board Clerk MASTER FORM APPROVED AS TO FORM: Brandon Halter Deputy County Counsel County of Marin SECOND AMENDMENT TO THE COOPERATION AGREEMENT BETWEEN THE COUNTY OF MARIN AND CITY OF SAN RAFAEL FOR A COMMUNITY DEVELOPMENT PROGRAM This SECOND AMENDMENT (“Second Amendment”) to that certain Community Development Block Grant and Home Investment Partnerships Program Cooperation Agreement between the County of Marin, a political subdivision of the State of California, hereinafter called "County," and City of San Rafael, a municipal corporation of the State of California, located in the County of Marin, hereinafter called "City," collectively referred to as “Parties,” dated on or about June 24, 2020 (“Original Agreement”), as amended by that certain First Amendment to the Cooperation Agreement between the Parties effective July 25, 2023 (First Amendment, and together with the Original Agreement, the “Cooperation Agreement”), is hereby entered into between the Parties, effective September 30, 2023. The purpose of this Second Amendment is to incorporate into the Cooperation Agreement language the U.S. Department of Housing and Urban Development (HUD), Office of Community Planning and Development (CPD) Notice 23-02 requires be included in the Cooperation Agreement. The Parties intended to include such required language in the Cooperation through the First Amendment, but inadvertently failed to do so. This Second Amendment is intended to correct that omission. Accordingly, the County of Marin and the City hereby agree as follows: 1. Amendment to Paragraph 9. Paragraph 9 of the Cooperation Agreement is hereby amended as follows: County, City, and all other cooperating cities shall take all actions necessary to assure compliance with the urban county’s certification under section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, and that the grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964, the Fair Housing Act, and the implementing regulations at 24 CFR part 1, 24 CFR part 100, and will affirmatively further fair housing. See 24 CFR § 91.225(a) and Affirmatively Furthering Fair Housing Definitions and Certifications (86 FR 30779, June 10, 2021), to be codified at 24 CFR 5.151 and 5.152. County, City, and all other cooperating cities shall also take all actions necessary to assure compliance with Section 109 of Title I of the Housing and Community Development Act of 1974 (which incorporates Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975), and the implementing regulations at 24 CFR part 6, which incorporates Section 504 of the Rehabilitation Act of 1973, and the implementing regulations at 24 CFR part 8, Title II of the Americans with Disabilities Act, and the implementing regulations at 28 CFR part 35, the Age Discrimination Act of 1975, and the implementing regulation at 24 CFR part 146, and Section 3 of the Housing and Urban Development Act of 1968, and other applicable laws. IN WITNESS WHEREOF, the Parties have executed the above instrument on the day and year first above written. COUNTY OF MARIN CITY OF SAN RAFAEL By: By: Stephanie Moulton-Peters, President Board of Supervisors Mayor ATTEST: ATTEST: Deputy Clerk of the Board Clerk MASTER FORM APPROVED AS TO FORM: Brandon Halter Deputy County Counsel County of Marin