HomeMy WebLinkAboutReso 99-09 Ala Cty CDBG AgmtRESOLUTION N0.99-09
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONSORTIUM
AGREEMENT WITH THE COUNTY OF ALAMEDA AND CITIES WITHIN THE COUNTY
FOR THE PURPOSE OF SUBMITTING AN APPLICATION TO THE DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT FOR THE NEIGHBORHOOD STABILIZATION
PROGRAM -PHASE 2 CREATED THROUGH THE AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009.
WHEREAS, the American Reinvestment and Recovery Act of 2009 includes an allocation of
funds for additional activities under Division B, Title III of the Housing and Economic Recovery Act of
2008, and the additional funds are referred to as the Neighborhood Stabilization Program 2 ("NSP2"); and
WHEREAS, the purpose of NSP2 is to assist in the redevelopment and rehabilitation of
abandoned and foreclosed properties, and NSP2 is a component of the federal Community Development
Block Grant Program ("CDBG"); and
WHEREAS, on May 4, 2009, the United States Department of Housing and Urban Development
("HUD") issued a Notice of Fund Availability ("NOFA") seeking applications for grants of NSP2 funds
for the purpose of carrying out neighborhood stabilization programs; and
WHEREAS, the NOFA permits a consortium of nonprofit entities (which may include
governmental entities, local governments, and private nonprofit organizations) to apply for NSP2 funds;
and
WHEREAS, the County of Alameda, (the "County"), the City of Dublin, a municipal corporation
("Dublin"), the City of Alameda, a municipal corporation ("Alameda"), the City of San Leandro, a
municipal corporation ("San Leandro"), the City of Hayward, a municipal corporation ("Hayward"), the
City of Union City, a municipal corporation ("Union City"), the City of Fremont, a municipal corporation
("Fremont"), the City of Newark, a municipal corporation ("Newark"), the City of Pleasanton, a
municipal corporation ("Pleasanton"), the City of Emeryville, a municipal corporation ("Emer. v~u~"),
and the City of Livermore, a municipal corporation ("Livermore"), wish to form a consortium
("Consortium") for the purpose of submitting an application to HUD for NSP2 funds and together
constitute the Consortium Members; and
WHEREAS, Alameda County Housing and Community Development Department is designated
as the lead member (the "Lead Member") of the Consortium and will submit a grant application for NSP2
funds to HUD on behalf of the Consortium in the minimum amount of Five Million Dollars ($5,000,000)
(the "Application") by HUD's deadline of July 17, 2009, and will act in a representative capacity for all
Consortium Members in the submission of the Application; and
WHEREAS, if the Application is approved by HUD, the County will be the direct grant recipient,
will execute the NSP2 grant standard agreement with HUD on behalf of the Consortium, and will
administer the NSP2 grant in accordance with NSP2 program requirements; and
Page 1 of 2
WHEREAS, in order to submit the Application, it is necessary for each Consortium Member to
enter into a Consortium Agreement with the County.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Dublin hereby
authorizes the City Manager to enter into a Consortium Agreement with Alameda County and the
Consortium Members, attached hereto as Exhibit A, for the purpose of submitting an application for
NSP2 funds.
PASSED, APPROVED AND ADOPTED this 7th day of July, 2009 by the following vote:
AYES: Councilmembers, Biddle, Hart, Scholz, and Mayor Pro Tem Hildenbrand
NOES: None
ABSENT: Mayor Sbranti
ABSTAIN: None
f f~ ~+;
` " ~ ayor Pro Tem Hildenbrand
ATTE T: ~i
~` /
City Clerk
Reso. No. 99-09, Adopted 7-7-09, Item 4.4 Page 2 Of 2
CONSORTIUM AGREEMENT
ALAMEDA COUNTY
NEIGHBORHOOD STABILIZATION PROGRAM 2
THIS CONSORTIUM AGREEMENT ("A~reement") is entered into as of July 7,
2009, and is between the County of Alameda, a political subdivision of the State of
California (the "County"), the City of Dublin, a municipal corporation ("Dublin"), the
City of Alameda, a municipal corporation ("Alameda"), the City of San Leandro, a
municipal corporation ("San Leandro"), the City of Hayward, a municipal corporation
("Hayward"), the City of Union City, a municipal corporation ("Union City"), the City of
Fremont, a municipal corporation ("Fremont"), the City of Newark, a municipal
corporation ("Newark"), the City of Pleasanton, a municipal corporation ("Pleasanton"),
the City of Emeryville, a municipal corporation ("Emeryville"), and the City of
Livermore, a municipal corporation ("Livermore"). Each of the parties to this Agreement
is a "Member." Alameda, Dublin, Emeryville, Fremont, Hayward, Livermore,
Pleasanton, Newark, San Leandro, and Union City are the "Cities".
RECITALS
A. The American Reinvestment and Recovery Act of 2009 includes an
allocation of funds for additional activities under Division B, Title III of
the Housing and Economic Recovery Act of 2008. The additional funds
are referred to as the Neighborhood Stabilization Program 2 ("NSP2").
The purpose of NSP2 is to assist in the redevelopment and rehabilitation
of abandoned and foreclosed properties. NSP2 is a component of the
federal Community Development Block Grant Program ("CDBG").
B. On May 4, 2009, the United States Department of Housing and Urban
Development ("HUD") issued a Notice of Fund Availability ("NOFA")
seeking applications for grants of NSP2 funds for the purpose of carrying
out neighborhood stabilization programs. The NOFA permits a
consortium of nonprofit entities (which may include governmental
entities, local governments, and private nonprofit organizations) to apply
for NSP2 funds.
C. Each Member of this Agreement is either a governmental entity, or a local
government.
D. Together, the Members have the capacity and experience to conduct an
NSP2 program in Alameda County that is in compliance with NSP2
requirements (the "NSP2 Program").
E. The purpose of this Agreement is to form a consortium that will (i) apply
for NSP2 funds and (ii) carry out the NSP2 Program (the "Consortium").
Page 1 of 4 EXHIBIT A '.
The parties therefore agree as follows:
AGREEMENT
1. Formation of Consortium. The parties hereby form the Consortium for the
purpose of (i) preparing and submitting a joint application for a grant of NSP2
funds in support of the NSP2 Program, and (ii) jointly carrying out the NSP2
Program.
2. Lead Member. Alameda County Housing and Community Development
Department is designated as the lead member (the "Lead Member"} of the
Consortium and is hereby authorized to submit a grant application for NSP2 funds
to HUD on behalf of the Consortium in the minimum amount of Five Million
Dollars ($5,000,000) (the "Application"). If the Application is approved by
HUD, the Lead Member will be the direct grant recipient and will execute the
NSP2 grant standard agreement with HUD on behalf of the Consortium. The
Lead Member is authorized to act in a representative capacity for aI1 Members in
the submission of the Application. If the Application is approved, the Lead
Member will administer the NSP2 grant in accordance with all NSP2 program
requirements and the Application.
3. Cooperative Effort. All Members shall cooperatively carry out the NSPZ
Program, if funded, as defined in the Application. As part of the cooperative
effort, Members may form a steering committee to provide guidance and
oversight to the implementation of the NSP2 Program. Each Member shall carry
out those NSP2 activities ascribed to it in the Application.
4. Funding Agreements. Each Member agrees to execute a Consortium funding
agreement with the Lead Member no later than December 1, 2009, if so requested
by HUD after its initial screening of the Application. The Consortium funding
agreement will describe the specific activities to be carried out by the Lead
Member, and the other participating Members as needed, under the NSP2
Program, the NSP2 funds allocated to the Members' activities, timetables for
completion of the Members' activities, and the Members' obligation to comply
with applicable NSP2 program requirements. In the event of a conflict between
this Agreement and the Funding Agreements, the Funding Agreements shall
prevail.
5. Environmental Review. The Members hereby authorize the County and the
Cities to undertake environmental review of any NSPZ activity located within
their jurisdictions as required by the National Environmental Policy Act of 1969
and related federal environmental authorities and regulations at 24 CFR part 58.
The Application will not include activities outside the jurisdiction of the County
or the Cities. This Agreement is not a project under the California Environmental
Page 2 of 4
Quality Act as it is a governmental funding activity that does not involve a
commitment to any specific project site (CEQA Guidelines Section 15378(b)(4)).
6. Internal Audits. The Application will include a description of the internal audit
process to be carried out by Members to audit NSP2 Program activities (the
"Audit Process"). Each Member shall cooperate in the Audit Process.
7. Term of Agreement. This Agreement is in effect until (i) HUD reaches a final
decision to deny the Application in its entirety, or (ii) all NSP2 funds and any
program income received pursuant to the Application are expended and the
funded activities completed, whichever is earlier. Members may not terminate or
withdraw from the Agreement while it remains in effect.
8. Amendments. No amendment or modification to this Agreement is valid unless
made in writing and approved and signed by the Members. This Agreement
supersedes any oral promises, representations, or other agreements with respect to
the subject matter of this Agreement.
9. Remedy. The sole remedy for violation of this Agreement is the specific
performance of this Agreement. Members waive their respective rights to trial by
jury of any claim or cause of action arising out of this Agreement. Members have
no liability for damages to one another or to any other person or entity resulting
from any violation of this Agreement.
10. Approval of Agreement. By execution of this Agreement, the signatories of
each Member certify and represent that this Agreement has been authorized by its
governing body or authorized officer, as applicable.
(Remainder of Page Intentionally Left Blank]
Page 3 of 4
11. Counterparts. This Ageement maybe executed in counterparts.
The parties are executing this Agreement as of the date first written above.
COUNTY
ALAMEDA COUNTY, a political
Subdivision of the State of California
Approved as to form: Approved as to form:
By:
City Attorney
By:
By:
Housing Director
Andrea Weddle
Deputy County Counsel
CITY OF DUBLIN
By:
Joni Pattillo, City Manager
Attest:
Caroline Soto, City Clerk
Page 4 of 4