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HomeMy WebLinkAboutReso 50-08 Alameda Cty CDBG Funds RESOLUTION NO. 50 - 08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********** AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA FOR P ARTICIP ATION IN THE ALAMEDA URBAN COUNTY CDBG/HOME FUNDS PROGRAM FOR FISCAL YEARS 2009-2010, 2010-2011 and 2011-2012 (THREE YEARS); AND AUTHORIZING THE CITY MANAGER TO SIGN ON BEHALF OF THE CITY WHEREAS, the Congress of the United States has enacted the Housing and Community Development Act of 1974; and WHEREAS, small cities with populations less than 50,000 may receive CDBG or HOME funds through agencies other than HUD such as Urban County Programs; and WHEREAS, the United States Department of Housing and Urban Development has made a determination that Alameda County may operate as an Urban County; and WHEREAS, the Alameda County Urban County Program undertakes community renewal and lower-income housing assistance primarily for the benefits of very low- to moderate-income households; and WHEREAS, the United Stated Department of Housing and Urban Development requires a three year agreement between cities and their respective county for participation in the Urban County Program; and WHEREAS, on April 17, 2008, the City Council received a staff report recommending participation in the Alameda County Urban County CDBG/HOME Funds Program for federal fiscal years 2009-2010,2010-2011 and 2011-2012. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Dublin takes the following actions: 1) Authorizes the City of Dublin to enter into an agreement, attached hereto, with the County of Alameda for participation in the CDBG/HOME Funds Program for Federal fiscal years 2009- 2010,2010-2011 and 2011-2012. 2) Authorizes the City Manager to execute the above Agreements on behalf of the City of Dublin. PASSED, APPROVED AND ADOPTED this 15th day of April, 2008, by the following vote: AYES: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None ATT,ftJlT:t W C/iuJ ~ . ~. Deputy City Clerk Reso No. 50-08, Adopted 4/15/08, Item 4.2 Page 1 of 1 AGREEMENT An Agreement by and between the CITY OF DUBLIN, hereinafter called "CITY" and the COUNTY OF ALAMEDA, hereinafter called "COUNTY". WHEREAS, the Congress of the United States has enacted the Housing and Community Development Act of 1974, and subsequent amendments to such Act, hereinafter called" ACT"; and, WHEREAS, Title I of ACT consolidates previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities, rehabilitation loans, and affordable housing; and, WHEREAS, Title I makes available entitlement grants to: (1) cities whose 2000 Census population exceeds 50,000 persons; and (2) counties which qualify as an urban county; and WHEREAS, the term "urban county" means any county within a metropolitan area which: (1) is authorized under state law to undertake essential community development and housing. assistance activities in its incorporated areas which are not units of general local government; and, (2) has a combined population of200,000 or more in such unincorporated areas and in its included units of local government: (A) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded; or, (B) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities; and, WHEREAS, five cities in Alameda County have a 2000 Census population of less than 50,000; and, WHEREAS, these same five cities may join with the County of Alameda to form a combined 2000 Census population of200,000 or morepersons, thereby qualifying as an urban county, and be eligible for an entitlement of Community Development Block Grant and HOME Investment Partnership funds; and, WHEREAS, these same five cities agree that by executing this Agreement that they may not Cooperation Agreement Page 1 apply for grants under the Small Cities or State CDBG Program from appropriations for fiscal years ~ during the period in which it is participating in the Urban County's CDBG program; and WHEREAS, these same five cities agree that by executing this Agreement that they may not participate in a HOME Consortium except through the Urban County, regardless of whether the Urban County receives a HOME formula allocation; and, WHEREAS, the Department of Housing and Urban Development, hereinafter called "HUD", has made a determination that the COUNTY has the essential powers to operate as an urban county. THEREFORE, it is agreed that: 1. CITY and COUNTY will cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing, hereinafter called "PROGRAM", to be carried out with annual Community Development Block Grant and HOME Investment Partnership funds, hereinafter called "CDBG/HOME FUNDS", from Federal fiscal years 2009, 2010 and 2011 appropriations and from any program income generated from the expenditure of such funds. Community renewal and lower income housing assistance activities shall be those designated or referred to within Title I of the ACT and the regulations issued pursuant thereto. 2. To carry out community renewal and lower income housing activities, COUNTY shall distribute to CITY a portion ofthe CDBG funds received under the ACT from Federal fiscal years 2009, 2010 and 2011 appropriations. The funds distributed to CITY shall be determined in accordance with such needs, objectives, or strategies, as COUNTY shall decide. In preparing the needs, obj ectives or strategies, COUNTY shall consult with CITY before making its determinations. The distribution of HOME funds to the Urban County is based on the review and recommendations of proposals received in response to an annual RFP. 3. It is expressly understood that as a recipient of the CDBG/HOME FUNDS from HUD, COUNTY and CITY must take all actions necessary to assure compliance with the urban county's certification required by Section 1 04(b) of Title I ofthe Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, The Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974 and other applicable laws, and all regulations issued pursuant thereto. Further, urban county funding for activities in or in support of any city 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 is prohibited. 4. Pursuant to 24 CFR 570.501(b), CITY is subject to the same requirements applicable to sub- recipients, including the requirement ofa written agreement set forth in CFR570.503. 5. CITY shall inform COUNTY of any income generated by the expenditure of CDBG funds received by the CITY. CITY shall pay any such program income to COUNTY or CITY may retain program income subject to requirements set forth in this Agreement and with written approval of the Cooperation Agreement Page 2 COUNTY. Any program income CITY is authorized to retain may only be used for eligible activities in accordance with all CDBG 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 record keeping 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. 6. In regard to real property that is in within the control of CITY due to being acquired or improved in whole or in part using CDBG funds, CITY must" give timely notification to COUNTY for any modification or change in the use of the real property from that planned at the time of acquisition or improvement including disposition. CITY must reimburse COUNTY in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non- CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations. Any program income generated from the disposition or transfer of property prior to or subsequent to the close~out, change of status or termination ofthe cooperation agreement between COUNTY and CITY shall be paid to COUNTY. 7. CITY shall provide COUNTY with all information concerning CITY and the activities CITY carried out under this agreement which COUNTY requires to prepare 1) documents required to be submitted to HUD, 2) annual performance report, 3) such other documents as COUNTY may require to carry out community renewal and lower income housing activities or meet Federal requirements. All information shall be submitted on forms prescribed by COUNTY. In addition, CITY agrees to make available upon request all records concerning the activities carried out under this Agreement for inspection by COUNTY or Federal officials during regular business hours. 8. CITY designates CitvManager or hislher designee as the official to whom all notices and communications from COUNTY shall be directed. COUNTY's duty to notify CITY shall be complete when the communication is sent to the designated official or deputy. It is the exclusive duty of the designated official or deputy to notify the correct individuals or departments within CITY. 9. CITY shall defend, indemnify and hold harmless COUNTY, its officers, employees and agents from liability for any fines, penalties, or damage of any type accruing to COUNTY by virtue of CITY's failure to comply with any requirement of the ACT and the regulations issued pursuant thereto, or failure to comply in any respect with the PROGRAM described herein. Further, CITY shall defend, indemnify and hold harmless COUNTY, its officers, employees, and agents against any and all liability for injury or damage caused by any act or omission of CITY or any of CITY's employees or volunteers in the performance of the contract or PROGRAM and CITY shall hold COUNTY harmless from any and all loss occasioned in the performance of, or otherwise arising out of, this Agreement or PROGRAM. 10. This Agreement shall go into effect immediately upon the signature of both parties and shall continue in full force and effect until all activities funded by CDBG/HOME FUNDS from Federal fiscal years 2009, 2010 and 2011 appropriations are completed. CITY will be included in the urban Cooperation Agreement Page 3 county for the entire three years period funded by CDBG/HOME FUNDS from Federal fiscal years 2009, 2010 and 2011. Appropriations may not be withdrawn from the urban county during this agreement period. 11. CITY agrees that it has adopted and is enforcing 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 a policy of enforcing applicable State and locals 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. 12. CITY agrees that COUNTY has final responsibility for selecting CDBG and HOME activities and annually filing the Annual Action Plan with HUD. . CITY OF DUBLIN COUNTY OF ALAMEDA City Manager President, Board of Supervisors ATTEST: City Clerk ATTEST: Clerk, Board of Supervisors DATE: APPROVED AS TO FORM: f~.'L? _. I/i/I C).i:.{Attorney / DATE: APPROVED AS TO FORM: County Counsel By signing above, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement G:\HCD\CDBGADMN\2008 CDBG\kmt 2009.2010.201 1 coop agreements.doc Cooperation Agreement Page 4