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HomeMy WebLinkAboutItem 4.4 - 3249 Three-Year Cooperative Agreement (2) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: June 2, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Three-Year Cooperative Agreement with Alameda County for Participation in the Urban County Program for Community Development Block Grant and HOME Investment Partnership Funds Prepared by: Kristie Wheeler, Assistant Community Development Director EXECUTIVE SUMMARY: The City Council will consider a three-year cooperative agreement with Alameda County for participation in the Urban County Program for Community Development Block Grant and HOME Investment Partnership funds. This agreement will allow the City’s continued participation in the Urban County program beginning July 1, 2021, for Federal fiscal years 2021-2023. STAFF RECOMMENDATION: Adopt the Resolution Authorizing the Continued Participation of the City of Dublin in the Alameda County Urban County for Community Development Block Grant Funds and Authorizing the Execution of the Cooperation Agreement Between the City and County of Alameda Regarding Participation in the Alameda County Urban County for Community Block Grant Funds. FINANCIAL IMPACT: The agreement would allow the City to continue receiving CDBG and/or HOME funds during the upcoming three-year cycle. Therefore, there would be no change to the financial impact to the City. DESCRIPTION: The Community Development Block Grant (CDBG) program provides annual grants to states, cities, and counties to develop viable urban communities by providing decent housing and a suitable living environment, and by expanding economic opportunities, principally for low- and moderate-income persons. The City currently receives CDBG and HOME funds through the Urban County Program administered by the Alameda County Department of Housing and Community Page 2 of 2 Development (HCD). The Urban County Program is a way for cities with a population of less than 50,000 to receive CDBG funds (cities over 50,000 may also choose to receive their CDBG allocation through the Urban County Program). Dublin participates in the Urban County Program through a Cooperative Agreement with unincorporated Alameda County and the cities of Newark, Emeryville, Albany and Piedmont. On April 21, 2020, the City Council received a report on the status of the City’s current participation in the Urban County Program and options for future administration of CDBG funds, including the option to become an Entitlement City (refer to Attachment 1). After weighing the information presented and careful consideration, the City Council directed Staff to inform HCD that the City would remain in the Urban County Program and to pursue a new three-year Cooperative Agreement with Alameda County. In addition, the City Council requested that Staff report back within the year on efforts to further utilize Capital Grants and explore Economic Development programs. ENVIRONMENTAL REVIEW: Authorizing the City’s continued participation in the Urban County Program and execution of a three-year cooperative agreement is not subject to the requirements of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15378 as it does not meet CEQA’s definition of a project and will not result in direct or indirect physical changes in the environment. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. City Council Staff Report Dated April 21, 2020 2. Resolution Authorizing the Continued Participation of the City of Dublin in the Alameda County Urban County for Community Development Block Grant Funds 3. Proposed Three-Year Cooperative Agreement Page 1 of 6 STAFF REPORT CITY COUNCIL DATE: April 21, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Community Development Block Grant (CDBG) Program Review Prepared by: Jim Bergdoll, Senior Planner EXECUTIVE SUMMARY: The City Council will consider its options to become an Entitlement City and receive funding directly from the U.S. Department of Housing and Urban Development (HUD) starting in 2021. The City currently receives CDBG funding through the Urb an County program administered by Alameda County. The City must notify HUD and the County of its decision by May 15, 2020 and begin to implement that decision. STAFF RECOMMENDATION: Direct Staff to either remain in the Urban County program or seek Entitl ement City status and notify HUD and Alameda County HCD of that decision. FINANCIAL IMPACT: If the City remains part of the Urban County program, there would not be a change in financial impact. Becoming an Entitlement City would cost approximately $30,000 in consultant time to plan the program in FY 2020-21 and would also include a provision of staff time. Program administration costs, including staffing, would begin in FY 2021-22 and the cost could be partially offset by the CDBG program which allows 20 percent of the annual funding allocation to pay for program administration. DESCRIPTION: Background The Community Development Block Grant (CDBG) program provides annual grants to states, cities, and counties to develop viable urban communities by provid ing decent housing and a suitable living environment, and by expanding economic opportunities, principally for low- and moderate-income persons. The program is authorized under Title 1 of the Housing and Community Development Act of 1974 and is administere d by HUD. CDBG funds are allocated to local jurisdictions by HUD using a calculation based on relative levels of pre-1940 housing, poverty, overcrowding, population, and regional Page 2 of 6 growth lag. The City currently receives CDBG funds through the Urban County program administered by the Alameda County Department of Housing and Community Development (HCD). The Urban County program is a way for cities with a population of less than 50,000 to receive CDBG funds (cities over 50,000 may also choose to receive their CDBG allocation through the Urban County program). Dublin participates in the Urban County program through a Cooperative Agreement with the unincorporated Alameda County and the cities of Newark, Emeryville, Albany, and Piedmont. Dublin’s participation provides approximately $244,000 in CDBG funds to the Urban County program. A portion of those funds are allocated specifically for Public Service Grants to fund programs in Dublin, a portion is allocated to countywide service programs, and a portion is placed into a pool of funds for Capital Grants that are available to the Urban County jurisdictions on a competitive basis to fund capital improvements. Alameda County handles most of the required program administration, including preparation of the Consolidated Plan, Annual Action Plan, and Citizen Participation Plan. The Consolidated Plan must be prepared every five years, and include a needs assessment, market analysis, anti-poverty strategy, goals, and projections. The Annual Action Plan is prepared by the County prior to the start of each fiscal year and identifies the goals, projections, and budget for the year. HUD also requires extensive reporting and program monitoring which is handled by the County. This includes year end and quarterly reporting of data on people served, demographics, etc., administration of financial disbursements to grantees, periodic monitoring of every grantee, and financial reporting on expenditures and balances. Alameda County HCD administers certain CDBG-funded programs that benefit all the Urban County jurisdictions. This includes administering a contract with ECHO Housing to provide tenant/landlord and fair housing services. The County also funds the Minor Home Repair Program administered by Healthy Homes, and a Rental Housing Rehabilitation program that is available to Urban County jurisdictions. Dublin’s share of discretionary CDBG funds are distributed through Public Service Grants and Capital Grants. Public Service Grants are awarded through the City’s Human Services Grants Program to local non-profit organizations serving Dublin in conformance with program guidelines. These grants are awarded annually by the Dublin City Council after reviewing recommendations made by the Dublin Human Services Commission. Public Service Grants are limited to 15 percent of the total annual CDBG funding allocation. Historically, Dublin has received more than its share of the 15 percent Public Service Grant allocation by utilizing funds that have gone unused by the other Urban County jurisdictions. This year, Dublin will award approximately $85,000 in public services grants. The Capital Grant program is administered by Alameda County to provide funding for capital improvements. Organizations apply to the County with the City taking the lead on Page 3 of 6 the application submittal. Approximately $630,000 is available annually to share amongst the Urban County jurisdictions. This includes a $330,000+/- “capital pool” which is available for projects through an RFP program, and at least $300,000 in previously programmed categories like Rental Housing Rehabilitation and Preservation, and Minor Home Repair. It should be noted that the funds in the “capital pool” are shared amongst the Urban County jurisdictions and awarded to projects on a competitive basis. The amount of money available to projects in Dublin can vary from year to year. Open Heart Kitchen successfully applied for a $330,000 Capital Grant this fiscal year to build out their new facility in Livermore which will serve the greater Tri - Valley. Current Consideration Every three years, the City has the option to stay in the Urban County program or become an Entitlement City. The City first became eligible to participate as an Entitlement City in 2014 when the population reached 50,000. The City Council decided in 2014 and again in 2017, to remain in the Urban County program. The City must once again decide whether to remain in the Urban County program and enter into a new three-year Cooperative Agreement or become an Entitlement City and begin the process to establish that program. The City must inform HUD and Alameda County HCD of its decision by May 15, 2020. ANALYSIS: The City of Dublin has the option to become an Entitlement City and receive CDBG funds directly from HUD and take over program administration beginning in 2021 or remain part of the Urban County program. Table 1 below provides a comparison of the CDBG components for Dublin under the current Urban County program and as an Entitlement City. All dollar amounts are provided on an a nnual basis with Urban County program figures based on the current fiscal year, and Entitlement City figures estimated based on information provided by HUD. Table 1. Urban County & Entitlement City Program Matrix Program Component Urban County Program (FY 2019/20) Entitlement City (Estimated) CDBG Annual Allocation (Allocated to programs noted below) $244,000 (estimated portion of Urban County funds attributable to Dublin’s participation in the program. These funds are not the exclusive use of Dublin nor are they a cap on annual funding available to Dublin based programs and services) $250,000 +/- (estimated total amount that would be available to Dublin in year 1 of the program) Public Service Grants (To non-profit service providers and limited to 15% max. of annual allocation) $36,600 (Note: Can utilize unused Urban County funds to increase this amount. For example, Dublin awarded $85,000 in FY 2019/20 by accessing unused funds from other Urban County jurisdictions. $37,500 (estimated total amount based on the above number) Capital Grants (To non- profit organizations for capital improvements) Portion of $630,000 Urban County pool awarded by County (Recent examples include: Axis Health $16K loan $160,000 total to be allocated by Dublin through RFP (Unused funds can be carried over into future years Page 4 of 6 Program Component Urban County Program (FY 2019/20) Entitlement City (Estimated) payments annually, $30K capital improvements FY16 and $25K FY17; CRIL roof replacement $5K FY16) with certain limitations) Economic Development (Job creation for small, low income owned or operated businesses) Amount varies per year and determined by program administration and funded from the annual CDBG allocation based on program priorities Amount varies per year and determined by program administration and funded from the annual CDBG allocation based on program priorities Tenant-Based Rental Assistance (Emergency housing funds available partly from CDBG program, and partly HOME) Not available CDBG can be used for related support services outside of 15% services cap. HOME funds are used to provide financial assistance HOME Funds (rental assistance, down payment assistance, homebuyer counseling, affordable housing production) Share of $585,000 pool awarded on competitive basis to organizations serving Urban County jurisdictions $75,000 (program administered by City, but funds continue to be administered by HCD) HUD 108 Loans (For Capital Projects or Programs as 20- year, low interest loan) Available only in partnership with an Entitlement City (example: Axis Health) Up to 5x CDBG allocation (total cumulative balance of all outstanding 108 loans cannot exceed this amount) Program Administration (20% max. of annual allocation to cover program administration, and preparation of Consolidated Plan, Annual Action Plan, Citizen Participation Plan) $6,600 to Dublin; and $42,200 to Alameda County $50,000 to Dublin Consolidated Plan Prepared every 5 years by County with staff input (costs offset by Program Administration funds) Prepared every 5 years by the City (estimated cost: $30,000) Annual Action Plan and Citizen Participation Plan Prepared annually by County with staff input (costs offset by Program Administration funds) Prepared annually by City (costs offset by Program Administration funds) Monitoring and Reporting to HUD Prepared annually by the County Prepared annually by the City Comparable/Nearby Entitlement Cities Table 2 below provides the CDBG allocation for FY 2020 - 21 for comparable and nearby Entitlement Cities. Table 2. Comparable Entitlement City Annual Allocations City Population 1/1/2019 (DOF) CDBG Allocation FY 2020/21* Santee (San Diego County) 58,408 $276,000 San Clemente (Orange County) 65,405 $356,000 Walnut Creek (Contra Costa County) 70,212 $342,000 Pleasanton (Alameda County) 80,492 $342,000 Livermore (Alameda County) 91,039 $437,000 Dublin (Alameda County) 64,577 $250,000* *Entitlement City figures for Dublin estimated based on information provided by HUD. Page 5 of 6 The cities of San Ramon (population 72,073) and Brentwood (population 51,335) are examples of cities which are similar in size and demographics to Dublin that are not Entitlement Cities, and do not plan to change that status. As an example of how CDBG funds can be spent by category, Table 3 below shows how the cities of Livermore and Pleasanton proposed spending their a nnual CDBG allocations as Entitlement Cities in FY 2019-20. Table 3. Livermore and Pleasanton CDBG Allocation by Category FY 2019 -20 Program Component Livermore Pleasanton Capital Grants Homeowner Housing Rehabilitation $160,000 -- Tri-Valley REACH Home Maintenance & Repairs $12,000 Community Facilities Rehabilitation -- $183,000 Axis Clinic Loan Repayment -- $23,000 Public Service Grants Misc. Community Services $72,000 $48,000 Other Tenant-based Based Rental Assistance/ Emergency Rehousing $108,000 -- Administration $88,000 $64,000 Total $440,000 $318,000 Urban County Program Historically, Dublin’s CDBG program efforts have primarily focused on Public Service Grants. If Dublin were to remain in the Urban County program, there appear to be opportunities for the City to expand its CDBG program to further utilize available funding, particularly in the Capital Grant and Economic Development categories. These efforts would require coordination with Alameda County HCD and allocation of additional staff resources to the CDBG program. These funds would be drawn from the Urban County pool of funds ($630,000+/-) for Capital Grants. Potential uses of Capital funds include: • Single-Family Home Rehabilitation or Weatherization Grants. • Incentivize the creation of Junior Accessory Dwelling Units. • Community Facility Rehabilitation and Preservation - Expand facilities such as Tri-Valley Haven. • Assist non-profit organizations to acquire, rehabilitate and/or preserve apartments for low-income households. • Land Acquisition for New Affordable Housing. • Public Works projects that improve ADA accessibility. Page 6 of 6 The City could also potentially utilize CDBG Economic Development funds for job creation/retention activities including establishment, stabilization and expansion of small businesses if they are either owned by low income people or employ low income workers. If the City Council elects to remain in the Urban County program, but desires to expand the programs funded through CDBG, they cou ld direct Staff to pursue such opportunities. Entitlement City Becoming an Entitlement City would provide the City with greater control over the CDBG program administration and certainty regarding annual Capital Grant funding. But it could also reduce the maximum amount of potential Capital Grant and Public Service Grant funding available each year because we could no longer utilize unused funds in the Urban County pool (Please refer to the discussion immediately above for examples of potential programs that could use capital funds). With that control would also come additional work to administer the program. In addition to the upfront consultant time and cost to plan the program, Staff believes additional staff time would be necessary to manage the CDBG start up and ongoing program. This would either come in the form of a redeployed staff resource or a staff augmentation through a consultant. ENVIRONMENTAL REVIEW: This information report is not subject to the requirements of the California Environment al Quality Act (CEQA), pursuant to CEQA Guidelines Section 15378 as it does not meet CEQA’s definition of a project and will not result in direct or indirect physical changes in the environment. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: None. RESOLUTION NO. XX - 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * AUTHORIZING THE CONTINUED PARTICIPATION OF THE CITY OF DUBLIN IN THE ALAMEDA COUNTY URBAN COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING EXECUTION OF THE COOPERATION AGREEMENT BETWEEN THE CITY AND COUNTY OF ALAMEDA REGARDING PARTICIPATION IN THE ALAMEDA COUNTY URBAN COUNTY FOR COMMUNITY BLOCK GRANT FUNDS WHEREAS, the United States Congress enacted the Housing and Community Development Act of 1974 and Federal regulations have been adopted pursuant thereto, hereinafter called the “Act;” and WHEREAS, Title I of the 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 into a program called the Community Development Block Grant (“CDBG”) program; and WHEREAS, Title I makes available entitlement grants to cities whose 2010 Census population exceeds 50,000 persons and to 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 of 200,000 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, the Department of Housing and Urban Development (“HUD”) has made a determination that the County of Alameda has the essential powers to operate as an urban county; and WHEREAS, the cities Albany, Dublin, Emeryville, Newark, and Piedmont, each of which has a 2010 Census population of less than 50,000, have expressed their interest in joining with the Alameda County Unincorporated County to continue in the Alameda County Urban Cou nty for federal fiscal years 2021, 2022 and 2023; and WHEREAS, these same five cities combine with the County of Alameda to form a combined 2010 Census population of 200,000 or more persons, thereby qualifying as an urban county, and becoming eligible for an entitlement of CDBG funds; and WHEREAS, pursuant to HUD requirements, these same five cities must execute cooperation agreements with the County of Alameda, wherein the parties agree to participate in the Urban County for the duration of the three-year funding cycle. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby resolve, declare, determine and order as follows: SECTION 1. The Dublin City Council hereby authorizes the continued participation of the City of Dublin in the Alameda County Urban County. SECTION 2. The Dublin City Council hereby authorizes the City Manager to execute a cooperation agreement with the Alameda County in order to continue the City’s participation in the Urban County. SECTION 3. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 2nd day of June, 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk Cooperation Agreement Page 1 AGREEMENT This Agreement is made and entered into this ____ day of __________________by and between the CITY OF DUBLIN, hereinafter called "CITY" and the COUNTY OF ALAMEDA, hereinafter called "COUNTY", regarding their cooperation with respect to Community Development Block Grant funding. 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 2010 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 of 200,000 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 (Albany, Dublin, Emeryville, Newark and Piedmont) in Alameda County have a 2010 Census population of less than 50,000 and desire to participate in the Alameda County Urban County; and WHEREAS, the participating cities, combined with the unincorporated portions of the County of Alameda, form a combined 2010 Census population of 200,000 or more persons, thereby qualifying as an urban county, and becoming eligible for an entitlement of Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds; and Cooperation Agreement Page 2 WHEREAS, the participating cities agree that by executing these cooperative agreements they may not 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, the COUNTY and CITY cannot withdraw from the cooperative agreement while the Program Year 2021-2023 Agreement remains in effect. THEREFORE, it is agreed that: 1. CITY agrees that by executing this Agreement, CITY may not apply for grants from appropriations 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. 2. CITY agrees that by executing this Agreement, it may only receive a portion of the formula allocation under the HOME Program through the Urban County. If the Urban County does not receive a portion of the HOME formula allocation, the CITY cannot form a HOME Consortium with other local governments. An Urban County or a unit of government participating with the Urban County may apply to the State of California for HOME funds, if the State allows. CITY agrees that by executing this Agreement, it may only receive the formula allocation under the Emergency Solutions Grant (ESG) Program through the Urban County. If the Urban County does not receive the ESG formula allocation, the CITY cannot form an Urban County with other local governments. An Urban County or a unit of government participating with the Urban County may apply to the State of California for ESG funds, if the State allows. 3. 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. 4. 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 2021, 2022 and 2023 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 Title II of the Cranston-Gonzalez National Affordable Housing Act and the regulations issued pursuant thereto. 5. To carry out community renewal and lower income housing activities, COUNTY shall distribute to CITY a portion of the CDBG funds received under the ACT from Federal fiscal years 2021, 2022 and 2023 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, objectives 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. Cooperation Agreement Page 3 6. It is expressly understood that as a recipient of the CDBG/HOME/ESG Funds from HUD, COUNTY and CITY must take all actions necessary to assure compliance with the Urban County's certification required by 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 to affirmatively further fair housing. COUNTY and CITY must comply 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, 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. a. COUNTY and CITY must have a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individual engaged in non-violent civil rights demonstrations; and b. COUNTY and CITY must have 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. 7. CITY may not sell, trade, or otherwise transfer all or any portion of the CDBG/HOME FUNDS to a metropolitan city, urban county, unit of general local government, or Indian tribe or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or non-federal considerations, CITY must use the CDBG/HOME FUNDS for activities eligible under Title I of the Housing and Community Development Act of 1974, as amended and Title II of the Cranston-Gonzalez National Affordable Housing Act. 8. 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 set forth in CFR 570.503. 9. 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 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. 10. In regard to real property that is 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 Cooperation Agreement Page 4 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 of the cooperation agreement between COUNTY and CITY shall be paid to COUNTY. 11. 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. 12. CITY designates the City Manager or his/her designee as the official to whom all notices and communications from COUNTY shall be directed. COUNTY's duty to notify C ITY 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. 13. 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. 14. This Agreement shall go into effect immediately upon the signature of both parties and shall continue in full force and effect until the CDBG/HOME/ESG Funds and program income received with respect to activities carried out during the three-year qualification period (Federal fiscal years 2021, 2022 and 2023) are expended and the funded activates completed. CITY will be included in the urban county for the entire three years period funded by CDBG/HOME /ESG Funds from Federal fiscal years 2021, 2022 and 2023. Appropriations may not be withdrawn from the urban county during this agreement period. During the three year qualification period, Federal fiscal years 2021, 2022 and 2023, CITY and any other included unit of general local government shall not withdraw from nor be removed from the Urban County and cannot terminate or withdraw from the cooperation agreement. 15. 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 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 its jurisdiction. Cooperation Agreement Page 5 16. CITY agrees that COUNTY has final responsibility for selecting CDBG, ESG and HOME activities and annually filing the Annual Action Plan with HUD, although if the COUNTY is a member of a HOME Consortium, the Consortium submits the Plan developed by the COUNTY. 17. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. CITY OF DUBLIN COUNTY OF ALAMEDA City Manager President, Board of Supervisors ATTEST: ATTEST: City Clerk Clerk, Board of Supervisors DATE: DATE: APPROVED AS TO FORM: APPROVED AS TO FORM: Donna R. Ziegler, County Counsel By: City Attorney Heather M. Littlejohn, Deputy 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 5/12/20 G:\HCD\CDBGADMN\2020 CDBG\3 Year Agreements\kmt Dublin Cooperative Agreement 2020.docx