HomeMy WebLinkAboutED 3 Year Cooperation Agreement; CDBGCOOPERATION AGREEMENT
THIS AGREEMENT, entered into this /Go `� - day of AVO -ti 12017, by and
between ;SQ Ra7eJ_, hereinafter referred to as "City" and COUNTY OF MARIN, hereinafter
referred to as "County."
WITNESSETH
WHEREAS, P.1 ° 0 c�L flO 900 Q__ _ is a duly constituted municipal
corporation under the la4 s of the State of California, and is empowered thereby to undertake essential
community renewal and lower-income housing assistance activities; and
WHEREAS, COUNTY OF MARIN is a duly constituted subdivision of the State of California, and is
also empowered by State law to undertake essential community renewal and lower-income housing
assistance activities; and
WHEREAS, Government Code Sections 6500, et seq., authorize two or more public agencies to
jointly exercise any power common to both; and
WHEREAS, it is mutually desired by the parties hereto to enter into a Cooperation Agreement, in
accord with the Housing and Community Development Act of 1974, as amended, and applicable
Federal rules and regulations adopted pursuant thereto, whereby the parties shall jointly undertake
community renewal and lower-income housing assistance activities, including those funded by the
Community Development Block Grant Entitlement Program (CDBG), the HOME Investment
Partnerships Program (HOME), and the Emergency Solutions Grants Program (ESG); and
NOW, THEREFORE, BE IT HEREBY RESOLVED as follows:
The parties hereto agree to cooperate to undertake, or assist in undertaking, community renewal
and lower-income housing assistance activities, pursuant to the Housing and Community
Development Act of 1974, as amended, the HOME Investment Partnerships Act, as amended,
and the Stewart B. McKinney Homeless Assistance Act, as amended. City agrees to undertake,
or assist in undertaking, community renewal and lower-income housing assistance activities.
This Agreement shall become effective October 1, 2017, and be in effect until terminated, but
termination may not occur before September 30, 2020. In any event, this agreement shall
remain in effect until the Community Development Block Grant, HOME Investment
Partnerships Program, and Emergency Solutions Grants Program funds from appropriations for
federal fiscal years 2018, 2019, and 2020 and any program income received with respect to
activities carried out during the three-year qualification period are expended and the funded
activities completed. Neither County nor City may terminate or withdraw from this
Cooperation Agreement while it remains in effect.
2. Upon certification of Marin County, including all or a portion of the incorporated cities, as an
"urban county" for federal fiscal years 2018, 2019, and 2020, under the Housing and
Community Development Act of 1974, as amended, and applicable rules and regulations
adopted pursuant thereto, a Priority Setting Committee shall be formed consisting of one (1)
representative designated by each of the cities with a population over 50,000 and one (1)
representative designated by the Board of Supervisors. All other participating cities and towns
may each designate up to one representative. With mutual consent of the Board of Supervisors
and each of the participating cities, the Priority Setting Committee may be expanded to include
one or more additional community member(s) who represent the interests of racial and ethnic
minorities, individuals with disabilities, and/or other protected classes. Each representative
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shall have equal voting rights on the Committee. The Committee shall prepare a proposed
budget for the use of funds, and any other documentation required by the U.S. Department of
Housing and Urban Development (HUD) for the Community Development Block Grant
Program, the HOME Investment Partnerships Program, and the Emergency Solutions Grants
Program, including, but not limited to, a list of specific projects to be undertaken and priorities
for implementation for both housing and community development projects.
In preparing its proposed plans, project priorities, proposed budget, and other documentation,
the Committee shall disseminate complete information to citizens of Marin County concerning
its proposals and alternatives; shall conduct public hearings to obtain the views of citizens on
community development and housing needs; and shall provide citizens with adequate
opportunity to participate in the development of programs and priorities.
To ensure adequate participation in the planning process, three planning areas will be
designated which will include the cooperating incorporated cities as well as adjacent
unincorporated areas. These will be the Novato Planning Area, the San Rafael Planning Area,
and the Rural and Small Communities Planning Area.
After deduction of administrative expenses; forty percent (40%) of the net Community
Development Block Grant monies and one hundred percent (100%) of the net HOME
Investment Partnerships Program monies allocated annually to the County of Marin as an
"urban county" under the Housing and Community Development Act of 1974, as amended, and
the HOME Investment Partnerships Act, as amended, shall be allocated for housing purposes on
a countywide basis. The portion of CDBG funds described in the immediately preceding
sentence shall be known as "CDBG Countywide Housing funds." Distribution of such funds
will be made by the Board of Supervisors, on recommendation of the Priority Setting
Committee. Such distribution will be consistent with HUD guidelines and evaluation criteria
developed by participating cities and the county, to ensure consistency and facilitate
implementation of countywide housing goals.
a. The Priority Setting Committee will seek to allocate funds based on the principles of
geographic equity and the general Community Development Block Grant funding
distribution formula used by HUD to determine Marin County's allocation, the latest
available countywide data on population, the extent of poverty, and the extent of
housing overcrowding, with the provision that the extent of poverty be counted twice.
However, a different distribution formula is hereby expressly authorized if and when
necessary to comply with Title I of the Housing and Community Development Act of
1974, as amended. Recommendations for the use of ftmds shall be made by the Priority
Setting Committee, as described above in Section 2, and then referred to the Marin
County Board of Supervisors. The Marin County Board of Supervisors will make the
final funding decisions. If any project submitted by County as a portion of the
Community Development Block Grant documentation is found to be ineligible by I-R.TT),
the proposed project shall not be funded. In such an event, the County, acting in concert
with the Priority Setting Committee may submit an alternative priority project which is
within the original cost and in line with the stated needs and objectives of County,
provided such a resubmission conforms with the rules and regulations of the Department
of Housing and Urban Development for the administration of Title I of the Housing and
Community Development Act of 1974, as amended.
4. Upon completion of Priority Setting Committee deliberations, the proposed budget and other
documentation shall be submitted to the Marin County Board of Supervisors for review and
approval. The Marin County Board of Supervisors will have final responsibility for selecting
Community Development Block Grant (CDBG), HOME, and ESG activities and submitting the
Consolidated Plan and other documentation to I IUD.
For any Planning Area with a population of 50,000 or more (according to population
estimates issued by the U.S. Department of Housing and Urban Development), the system
described in Section 3 of this Agreement for allocation of Community Development Block
Grant funds will, at the option of the largest city in the Planning Area be modified as
follows:
The City Council of the largest city in the Planning Area will prepare the
proposed list of projects -for the use of (a) that Planning Area's funds, and
(b) that Planning Area's "proportional share" of CDBG Countywide
Housing funds allocated according to the formula described in Section 3 of
this Agreement. The City Council will establish its own system for setting
local funding priorities, but its process for selecting projects must include a
public hearing and consistency with all regulations. The City Council must
consider the needs of all eligible persons who reside within census tracts
associated with the City, including those residing outside the city limits,
but will not be subject to any quotas with regard to the type or location of
projects. The resulting recommendations will be referred to the full
Priority Setting Committee and then to the Marin County Board of
Supervisors for review and approval.. The Priority Setting Committee
will recommend allocation of HOME and ESG Rinds on a countywide
basis, but may restrict the CDBG Countywide Housing Rinds remaining
under its jurisdiction to geographic areas not implementing the provisions
of this paragraph.
This Section 5 shall not be applied in any year that the total Community
Development Block Grant monies allocated to Marin County is less than
$500,000. In any year that the total Community Development Block Grant
monies allocated to Marin County is less than $500,000, the Priority
Setting Committee will make all funding recommendations pursuant to the
system described in Section 3.
6. City may terminate its participation in this Cooperation Agreement and membership on the
Priority Setting Committee by a single majority vote of its governing body. Such termination
shall take effect only at the end of the federal three-year urban county qualification period in
which the action is taken. The next such qualification period will end September 30, 2020.
Subsequent urban county qualification periods will end September 30 on every third year
following that date.
7. This Cooperation Agreement shall not exempt any project fi•om the required local government
planning approval process. Community Development Block Grant, HOME, and ESG funds
received by County may be allocated to projects only through the process described in this
Cooperation Agreement.
Pursuant to the Cooperation Agreement, County, acting through the Board of Supervisors, shall
be the primary general-purpose local governmental unit under the Housing and Community
Development Act of 1974, as amended. It shall be the responsibility of County to apply for
grants, to administer all funds received, and to undertake or assist in undertaking essential
community renewal and lower income housing assistance activities. County shall have the
authority to carry out activities which will be funded from annual Community Development
Block Grants, from HOME Investment Partnerships Program funds, and from Emergency
Solutions Grants Program funds from Federal Fiscal Years 2018, 2019, and 2020 appropriations
and from any program income generated from the expenditure of such finds. Records shall be
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kept by County in accordance with approved accounting procedures, and said records shall be
available for public inspection at all times.
9. 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, regarding Title VI of the Civil Rights
Act of 1964, the Fair Housing Act, and affirmatively furthering fair housing. 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 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.
Pursuant to 24 CFR 570.501(b), City is subject to the same requirements applicable to sub
recipients, 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.
10. City shall inform County of any income generated by the expenditure of Community
Development Block Grant funds, HOME Investment Partnerships Program funds, or ESG fiords
received by City. Any such program income shall be paid to County for use for eligible
activities in accordance with all Community Development Block Grant, HOME Investment
Partnerships Program, and ESG requirements as may then apply. County has the responsibility
for monitoring and reporting to HUD on the use of any such program income, thereby requiring
appropriate recordkeeping and reporting by City as may be needed for this purpose. In the
event of close-out or change in status of City, any program income that is on hand or received
subsequent to the close-out or change in status shall be paid to County.
11. The following standards shall apply to real property acquired or improved in whole or in part
using Community Development Block Grant, HOME, or ESG finds that is within the control of
a participating City.
a. City shall give County timely notification of any modification or change in the use of
the real property from that planned at the time of acquisition or improvement including
disposition.
b. City shall reimburse County in an amount equal to the current fair market value (less
any portion thereof attributable to expenditures of funds other than Community
Development Block Grant, HOME, or ESG) of property acquired or improved with
Community Development Block Grant, HOME, or ESG funds that is sold or transferred
for a use which does not qualify under the Community Development Block Grant,
HOME, or ESG regulations.
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C. City shall pay to County any program income generated from the disposition or transfer
of property prior to or subsequent to the close-out, change of status or termination of the
cooperation agreement between County and City. Any program income shall be
allocated by County for eligible activities in accordance with all Community
Development Block Grant, HOME, or ESG requirements as may then apply.
12. The parties hereto agree that the final responsibility for analyzing. needs, setting objectives,
developing plans, selecting projects for community developrpent�and houtirig-4ssistance,
selecting Community Development Block Grant, HOME, and'ESG activities, and filing the
Consolidated Plan and other required documentation rests with County, as required by the
Housing and Community Development Act of 1974, as amended.
13. The City shall defend, save, hold harmless and indemnify the County, its officers, agents and
employees from all liabilities and claims for any fines, penalties, bodily injury, death, sickness
or damages of any type fi•om any cause whatsoever that arises from or is connected with (i) the
City's failure to comply with any requirement of the CDBG Act and the HOME Act or the
regulations, guidelines, bulletins or circulars that are issued pursuant thereto, and (ii), any City
activity that is financed by Rinds granted hereunder pursuant'to the CDBG, Act artdot4e HOME
Act. Without limiting the foregoing, the provisions of this paragraph apply fully in the event the
City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with
the Community Development Block Grant and HOME Investment Partnerships Act programs.
14. By. executing this Community Development Block Grant Program Cooperation Agreement,
Ciy understands that it may not apply for grants under the State Community Development
Block Grant Program from appropriations for fiscal years during the period in which it
participates in the urban county's Community Development Block Grant Program; that it will be
part of the urban county for the HOME Program and ESG if the urban county receives HOME
and ESG funding, respectively; that it may receive formula allocations under the HOME
Program and ESG only through the urban county; and that, even if County does not receive a
HOME formula allocation, City cannot form a HOME consortium with other local governments
except through the urban county. This does not preclude City or County from applying to the
State for HOME or ESG funds, if the State allows.
15. The cooperating unit of general local government has adopted and is enforcing:
a. A policy prohibiting the use of excessive force by law enforcement agencies within its
jurisdiction against any individuals engaged in non-violent civil rights demonstrations;
and
b. 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 jurisdictions.
The phrase "cooperating unit of general local government" has the same meaning in this
Cooperation Agreement as it does in HUD Notice #CPD -13-04.
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IN WITNESS WHEREOF, the parties have executed the above instrument on the day and year first
above written.
COUNTY OF MARIN
By: a. " W, W/ / M /�
Jud Arn, President
Bo# d of ol�jpervisors
ATTEST:
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Deputy Clerk of the Board
MASTER FORM APPROVED AS TO FORM:
Tarisha Bal
Deputy County Counsel
County of Marin
CITY ^u
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ATTEST:
Clerk