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HomeMy WebLinkAboutAgreement A-23-397 Joint Powers Agreement.pdf 23-0628 Agreement No. 23-397 1 JOINT POWERS AGREEMENT 2 COUNTY OF FRESNO's URBAN COUNTY PROGRAM for COMMUNITY DEVELOPMENT 3 BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS (HOME), and 4 EMERGENCY SOLUTIONS GRANTS (ESG) ENTITLEMENT FUNDING 5 FOR JULY 1, 2024 TO JUNE 30, 2027 6 7 THIS JOINT POWERS AGREEMENT (the "Agreement") is executed this 8th day of 8 August, 2023, by and between the COUNTY OF FRESNO, a political subdivision of the State 9 of California, ("COUNTY"), and each city listed under "Participating Cites" in Exhibit A "Record 10 of Participating and Non-Participating Cities," attached hereto and by this reference 11 incorporated herein (collectively hereinafter referred to as "CITY" or "CITIES"). References in 12 this Agreement to party or parties shall be understood to refer to COUNTY and CITIES unless 13 otherwise specified. It is further understood that any references to "units of local government" 14 shall refer to the CITIES. Collectively, the Community Development Block Grant (CDBG), 15 Home Investment Partnerships (HOME), and Emergency Solutions Grants (ESG) entitlement 16 programs funded by the U.S. Department of Housing and Urban Development (HUD) shall be 17 known as the URBAN COUNTY PROGRAM. 18 WITNESSETH 19 WHEREAS, the COUNTY and the CITIES desire to engage in housing and community 20 development activities as authorized under the Housing and Community Development Act of 21 1974, as amended, and hereafter referred to as the ACT; 22 WHEREAS, the ACT requires that certain cooperative agreements be entered into 23 between the COUNTY and the CITIES for a period of three years in order to implement the 24 provisions and terms of said ACT; 25 WHEREAS, the COUNTY and the CITIES are public agencies under the provisions of 26 Section 6500 of the Government Code of the State of California, and each is authorized by law 27 to enter into Joint Powers Agreements; 28 WHEREAS, the COUNTY and the CITIES are individually authorized by law to engage 1 1 in housing and community development activities funded by CDBG, HOME, and ESG; 2 WHEREAS, the COUNTY and the CITIES do hereby find and determine that it is in the 3 best interest of the residents of the unincorporated area of the COUNTY and of the CITIES that 4 housing and community development activities be performed jointly in accordance with the 5 provisions of this Agreement in that HUD recommends the expenditure of funds for such 6 purpose on a regional basis; and 7 WHEREAS, the COUNTY requalified for entitlement status as an urban county to 8 administer and implement the CDBG, HOME and ESG programs for housing and community 9 development activities and homeless services on behalf of the CITIES in accordance with the 10 provisions of the ACT, the laws of the State of California, and the terms and conditions 11 hereinafter provided. 12 NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 13 I. TERM 14 The term of this Agreement shall commence on July 1, 2024 and shall terminate 15 on June 30, 2027. This Agreement covers the following Federal Fiscal Years and the following 16 Program Years: 17 Federal Fiscal Years Program Years 18 October 1, 2023 to September 30, 2024 July 1, 2024 to June 30, 2025 19 October 1, 2024 to September 30, 2025 July 1, 2025 to June 30, 2026 20 October 1, 2025 to September 30, 2026 July 1, 2026 to June 30, 2027 21 Notwithstanding the foregoing, this Agreement shall remain in effect until the 22 CDBG, HOME and ESG funds and program income received with respect to activities carried 23 out during the three-year qualification period are expended and the funded activities completed. 24 II. NO ABILITY TO WITHDRAW OR TERMINATE 25 No parties to this Agreement may withdraw from, be released from, or terminate 26 this Agreement while the Agreement remains in effect. 27 All parties to this Agreement shall be participants in the preparation of the 28 COUNTY's next five-year Consolidated Plan, Annual Action Plans, and Consolidated Annual 2 1 Performance and Evaluation Reports. 2 III. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 3 A. The parties to this Agreement, pursuant to the requirements of the ACT, 4 agree to take all actions necessary to ensure compliance with the urban county's certification 5 under Section 104(b) of Title I of the Housing and Community Development Act of 1974, as 6 amended, and that the grant will be conducted and administered in conformity with Title VI of 7 the Civil Rights Act of 1964 and the implementing regulations at 24 CFR part 1, the Fair 8 Housing Act and the implementing regulations at 24 CFR part 100, and will affirmatively further 9 fair housing. The parties to this Agreement will also sign the assurances and certifications in 10 the HUD 424-B and comply with Section 109 of Title I of the Housing and Community 11 Development Act of 1974 and the implementing regulations at 24 CFR part 6, Section 504 of 12 the Rehabilitation Act of 1973 and the implementing regulations at 24 CFR part 8, Title II of the 13 Americans with Disabilities Act and the implementing regulations at 28 CFR part 35, the Age 14 Discrimination Act of 1975 and the implementing regulation at 24 CFR part 146, Section 3 of 15 the Housing and Urban Development Act of 1968, National Environmental Policy Act of 1969, 16 Executive Order 11988, 24 CFR 570 pertaining to the CDBG program regulations, and to 17 comply with other applicable laws. 18 B. The parties to this Agreement acknowledge that the COUNTY and 19 CITIES may not sell, trade, or otherwise transfer all or any portion of their CDBG funds to 20 another metropolitan city, urban county, unit of general local government, Indian tribe, or 21 insular area that directly or indirectly receives CDBG funds, in exchange for any other funds, 22 credits or non-Federal considerations, but must use these funds for activities eligible under Title 23 1 of the Housing and Community Development Act of 1974, as amended. 24 C. The parties to this Agreement, pursuant to the requirements of the ACT, 25 agree to cooperate to undertake, or assist in undertaking, community renewal and lower- 26 income housing assistance activities. 27 D. The parties to this Agreement understand the COUNTY is prohibited 28 from funding activities in, or in support of, any CITY that does not affirmatively further fair 3 1 housing within its own jurisdiction or that impedes the COUNTY's actions to comply with its fair 2 housing certification. 3 IV. RESPONSIBILITIES OF THE COUNTY 4 A. The COUNTY is responsible for program administration and 5 implementation; determining needs; setting goals; preparing and submitting a five-year 6 Consolidated Plan, Annual Action Plan, annual Consolidated Annual Performance and 7 Evaluation Reports, and all required assurances or certifications to HUD; and has the final 8 authority for approving CDBG, HOME, and ESG program activities and priorities. 9 B. The COUNTY is responsible for overseeing and administering the 10 implementation of the URBAN COUNTY PROGRAM in the unincorporated areas of the 11 County. 12 C. The COUNTY shall be responsible for monitoring and reporting to HUD 13 the use of any program income generated from activities funded by this Agreement. 14 D. The COUNTY is responsible for notifying non-participating CITIES 15 annually of their ability to join the URBAN COUNTY PROGRAM. 16 E. The COUNTY shall make available to each CITY any special funding 17 allocations that may be based on the CITIES' participation with the COUNTY in the CDBG 18 program. These programs may include, but shall not be limited to, special allocations of CDBG 19 or HOME funds that exceed the annual entitlements provided through this Agreement during 20 the term of this Agreement. 21 V. RESPONSIBILITIES OF THE CITIES 22 A. Pursuant to the ACT, by signing this Agreement, each CITY affirms that 23 it has adopted and is enforcing: 24 1. A policy prohibiting the use of excessive force by law 25 enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil 26 rights demonstrations. 27 2. A policy of enforcing applicable State and local laws against 28 physically barring entrance to or exit from a facility or location which is the subject of such 4 1 non-violent civil rights demonstrations within its jurisdiction. 2 B. It is understood and agreed that pursuant to the ACT, each participating 3 CITY: 4 1. May not apply for grants from appropriations under the State 5 CDBG program for fiscal years during the period in which it participates in the URBAN 6 COUNTY PROGRAM; 7 2. May receive a formula allocation under the HOME program only 8 through the URBAN COUNTY PROGRAM. Thus, even if the URBAN COUNTY PROGRAM 9 does not receive a HOME formula allocation, the participating unit of local government cannot 10 form a HOME consortium with other local governments. (Note: This does not preclude the 11 COUNTY or a unit of government participating with the URBAN COUNTY PROGRAM from 12 applying to the State for HOME funds if the State allows); and 13 3. May receive a formula allocation under the ESG program only 14 through the URBAN COUNTY PROGRAM. This does not preclude the COUNTY or a unit of 15 general local government participating with the URBAN COUNTY PROGRAM from applying to 16 the State for ESG funds if the State allows. 17 C. Each CITY must follow all applicable requirements within the URBAN 18 COUNTY PROGRAM's Citizen Participation Plan. Citizen participation and the Local Public 19 Meeting Process requirements must be met prior to the CITY submitting to the COUNTY any 20 application for CDBG funding for a new project. 21 D. Each CITY must maintain records that demonstrate compliance with fair 22 housing, accessibility, and civil rights objectives. These records shall be provided to the 23 COUNTY upon request. 24 E. The CITIES do not have the power to veto or otherwise restrict, obstruct 25 implementation, or withhold support to the community development and housing assistance 26 activities referred to in the Consolidated Plan and Annual Action Plan, for any program year 27 covered by this Agreement and/or such additional time as may be required for the expenditure 28 of funds granted to the COUNTY for such period. 5 1 F. Nothing herein shall be construed as limiting, in any manner, the powers 2 of any of the respective parties to initiate and complete a local activity within their respective 3 jurisdiction with their own funds. 4 VI. ALLOCATION OF HOME FUNDING 5 A. The COUNTY agrees to make HOME funds available for eligible 6 activities (including housing rehabilitation, homebuyer assistance, and housing development) 7 within the jurisdiction of the unincorporated area of the COUNTY and the CITIES through its 8 Department of Public Works and Planning Community Development Division. 9 B. HOME funds will be provided on a first-come, first-served basis for 10 eligible applicants. 11 C. The authority to approve HOME funds for eligible housing developers, 12 entities, and agencies for eligible activities shall rest with the COUNTY's Board of Supervisors. 13 D. CITIES participating in the URBAN COUNTY PROGRAM do not receive 14 individual allocations of HOME funds. 15 VII. ALLOCATION OF ESG FUNDING 16 A. The COUNTY shall administer an ESG program for homeless services 17 and other eligible activities through its Department of Social Services in partnership with the 18 Fresno-Madera Continuum of Care (FMCOC). 19 B. In accordance with applicable Federal law supporting services based on 20 recipients' relative needs, the COUNTY may use its ESG funds for the residents of the entire 21 COUNTY. To the extent possible, the COUNTY shall prioritize ESG services for residents of 22 the CITIES and unincorporated areas of the COUNTY, though service points may be centrally 23 located (i.e. within the City of Fresno) and outside the URBAN COUNTY PROGRAM 24 jurisdiction. 25 C. As the COUNTY and FMCOC align priorities and leverage funding by 26 jointly coordinating homeless services, CITIES participating in the URBAN COUNTY 27 PROGRAM do not receive individual allocations of ESG funds. 28 6 1 VIII. ALLOCATION OF CDBG FUNDING TO CITIES 2 A. The allocation of new incoming Federal funds for annual expenditures on 3 CDBG activities shall be made in accordance with Exhibit B "CDBG Funding Distribution." This 4 distribution follows the mathematical methodology used by HUD in its Formula A calculations 5 described in the HUD publication, "CDBG Formula Targeting to Community Development 6 Need" (February 1, 2005) and which is currently accessible for viewing at the weblink: 7 https://www.huduser.gov/portal/publications/commdevl/cdbgAssess.html. 8 B. It is understood and agreed that any proposed CDBG expenditure is 9 subject to the condition that a different distribution of funds may occur at the COUNTY's 10 discretion when made necessary to comply with the ACT, including but not limited to 11 expenditure requirements. 12 C. If a CITY's CDBG funds are advanced to one or more other participating 13 CITIES in order to accelerate expenditures, including but not limited to meet requirements for 14 timeliness of expenditures, the CITY advancing funds shall be reimbursed by the recipient of 15 those funds with the recipient's next program year allocation(s). 16 D. Any CDBG funds remaining available to any CITY and not allocated 17 during the term of this Agreement to an activity upon which substantial progress is being made, 18 will no longer be available to that CITY should that CITY not enter into the next succeeding 19 Joint Powers Agreement. Such CDBG funds shall be distributed to the COUNTY and the then- 20 participating CITIES of that Joint Powers Agreement, based upon the formula established by 21 the ACT. 22 IX. CITIES AS SUBRECIPIENTS OF CDBG FUNDS 23 A. Each CITY, pursuant to 24 CFR 570.501(b), is considered a subrecipient 24 of CDBG funds, and is subject to the requirements for subrecipients. Before disbursing CDBG 25 funds to a subrecipient, the COUNTY shall prepare a written Agreement in accordance with 26 Federal regulations (as described in 24 CFR 570.503), and execute such Agreement with the 27 subrecipient. The Agreement shall remain in effect during any period that the subrecipient has 28 use of CDBG funds, including program income. 7 1 X. CDBG PROGRAM ACTIVITIES 2 A. Each CITY agrees to develop and complete eligible program activities in 3 a timely manner so that the URBAN COUNTY PROGRAM will comply with Federal expenditure 4 requirements. Time is of the essence in completing these activities. 5 B. Each CITY agrees to submit application(s) for eligible CDBG activities no 6 later than July 31st prior to the start of each program year. Should a CITY not submit an 7 application for an eligible activity by the July 31st date, and/or make substantial progress 8 toward completion of an eligible activity during the program year in which the funds are 9 allocated, upon mutual agreement by the staff of all the parties, the COUNTY shall redistribute 10 funds to other participating CITIES with an eligible activity ready to commence. 11 C. Each CITY in formulating its annual application to expend CITY-allocated 12 CDBG funds shall conduct at least one annual public meeting to provide its residents an 13 opportunity to participate in the recommendation of activities for the CDBG program. Such 14 meetings shall be conducted whenever a participating CITY intends to seek approval for an 15 activity to be funded with CDBG funds. If a CITY intends to continue with a multi-year activity 16 that was approved as a multi-year activity during a prior year, then this public meeting 17 requirement may be waived. Each of the participating CITIES shall provide reasonable notice 18 to its residents of said meetings and shall make efforts to disseminate information to the public 19 concerning a particular activity. 20 D. If a CITY, due to unforeseen and uncontrollable circumstances, cannot 21 comply with the time schedule within an executed project agreement, the schedule for the 22 activity may be extended by the COUNTY. If an extension is granted, the CITY shall take all 23 appropriate measures to ensure the adjusted timeline is met. 24 E. Determination regarding substantial progress towards goals and 25 spending shall be made by the COUNTY in its sole discretion. 26 XI. CITY REIMBURSEMENT OF CDBG FUNDS DUE TO AUDIT FINDING OR 27 CANCELLATION 28 A. If a CITY does not comply with subrecipient requirements and is required 8 1 to repay funds received as a result of a Federal audit finding, the CITY shall repay CDBG funds 2 used for the project back to HUD. The source of the repaid funds shall be in accordance with 3 HUD guidelines. 4 B. If a CITY, for any reason, cancels a program activity without completion, 5 the CITY shall reimburse to the COUNTY the amount of all CDBG funds provided to the CITY 6 for the activity. The reimbursed amount of funds shall be credited back to the CITY's allocation 7 of CDBG funds. 8 XII. CDBG PROGRAM INCOME 9 A. CDBG Program Income shall not be factored into the CDBG Allocation 10 formula; however, consistent with the ACT, the COUNTY may retain 20% of all CITY-generated 11 program income received for COUNTY's administrative purposes. 12 B. The reporting obligation of the CITIES pursuant to the ACT shall include 13 the following (as may be amended by HUD from time to time): 14 1. A participating CITY must inform the COUNTY when any program 15 income is generated by the expenditure of CDBG funds. 16 2. In the event of close-out of the CDBG program or a change in 17 status of a participating CITY, each participating CITY must inform the COUNTY of any CDBG 18 generated program income received, regardless of whether the income was received before or 19 after the close-out or change in status. 20 3. Any program income generated by a CITY CDBG-funded activity 21 must be paid to the COUNTY. The COUNTY shall credit the amount to that CITY'S CDBG 22 allocation in August of the fiscal year following when program income was accrued for use on 23 subsequent CITY CDBG-eligible activities in accordance with Federal requirements; provided 24 that the CITY is participating in the URBAN COUNTY PROGRAM at the time the program 25 income is generated. 26 4. If the CITY is not participating in the URBAN COUNTY 27 PROGRAM at the time the program income is generated, the COUNTY is not obligated to 28 credit the amount to that CITY'S CDBG allocation for use on subsequent CITY CDBG-eligible 9 1 activities should that CITY return to the URBAN COUNTY PROGRAM. 2 5. CDBG program income will be made available to a CITY either 3 upon receipt by the COUNTY, or not later than the subsequent program year. 4 XIII. REAL PROPERTY ACQUIRED OR IMPROVED WITH CDBG FUNDS 5 A. The following requirements shall continue in effect for five years after the 6 Project is completed in HUD's Integrated Disbursement and Information System (IDIS): 7 1. Each participating CITY must obtain prior written approval from 8 the COUNTY before making any modification or change in the use of any real property 9 improved, in whole or in part, using CDBG funds in excess of$25,000. 10 2. The CITY shall provide affected citizens with notice of, and 11 opportunity to comment on, any proposed change to the use of real property improved with 12 CDBG funds. 13 3. If any real property improved with CDBG funds is sold and/or is 14 utilized by the CITY for a use which does not qualify under the CDBG requirements, the CITY 15 shall reimburse the COUNTY in an amount equal to the current fair market value for the 16 property, less any proportional share thereof attributable to expenditures of non-CDBG funds. 17 B. It is therefore understood and agreed that pursuant to the ACT: 18 1. In the event the CDBG program is closed-out, or there is a 19 change in status of the cooperation agreement between the COUNTY and participating CITY, 20 the requirements of this Section shall remain in effect for activities funded with CDBG funds, 21 unless action is taken by the Federal government to relieve the COUNTY and the participating 22 CITIES of these obligations. 23 2. If a CITY is required to repay the COUNTY for reasons described 24 in this Section of the Agreement, the COUNTY shall make the repaid funds available to that 25 CITY for eligible CDBG activities in accordance with Federal requirements; provided that the 26 CITY is participating in the URBAN COUNTY PROGRAM at the time of the reimbursement. 27 XIV. HOLD HARMLESS 28 Each party to this Agreement shall indemnify, defend and hold harmless 10 1 the other parties, their officers, agents, employees and representatives, from any and all loss, 2 liability, costs, expenses and damage to persons or property, and from any and all claims, 3 demands and actions in law or equity (including attorney's fees and legal expenses) arising or 4 alleged to have arisen directly from the wrongful act caused by its respective activities pursuant 5 to this Agreement. 6 XV. ASSIGNMENT OF AGREEMENT 7 This Agreement shall be binding upon the parties hereto and their 8 successors and assigns. 9 XVI. SIGNED IN COUNTERPARTS 10 It is understood that there may be a number of duplicate originals of this 11 Agreement, and the signature of any representative member on any one Agreement shall be 12 deemed applicable to all such duplicated originals. Additionally, this Agreement may be 13 executed in any number of counterparts, each of which shall be deemed an original. The 14 parties agree that the County may assemble together in the original agreement to be provided 15 to the COUNTY's Board of Supervisors for signature, one original signature page from each 16 city, to form a total original to be signed by the COUNTY's Board of Supervisors. 17 XVII. ELECTRONIC SIGNATURES 18 The parties agree that this Agreement may be executed by electronic 19 signature as provided in this section. 20 A. An "electronic signature" means any symbol or process intended by an 21 individual signing this Agreement to represent their signature, including but not limited to (1) a 22 digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically 23 scanned and transmitted (for example by PDF document) version of an original handwritten 24 signature. 25 B. Each electronic signature affixed or attached to this Agreement (1) is 26 deemed equivalent to a valid original handwritten signature of the person signing this 27 Agreement for all purposes, including but not limited to evidentiary proof in any administrative 28 or judicial proceeding, and (2) has the same force and effect as the valid original handwritten 11 1 signature of that person. 2 C. The provisions of this section satisfy the requirements of Civil Code 3 section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 4 3, Part 2, Title 2.5, beginning with section 1633.1). 5 D. Each party using a digital signature represents that it has undertaken 6 and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs 7 (1) through (5), and agrees that each other party may rely upon that representation. 8 E. This Agreement is not conditioned upon the parties conducting the 9 transactions under it by electronic means and any party may sign this Agreement with an 10 original handwritten signature. 11 XVIII. AUTHORIZED SIGNATURES 12 A. Each CITY represents and warrants to the COUNTY that: 13 1. The CITY is duly authorized and empowered to sign and perform 14 its obligations under this Agreement. 15 2. The individual signing this Agreement on behalf of the CITY is 16 duly authorized to do so and his or her signature on this Agreement legally binds the CITY to 17 the terms of this Agreement. 18 XIX. ENTIRE AGREEMENT 19 This Agreement, Exhibit A, and Exhibit B constitute the entire agreement 20 between the CITIES and the COUNTY with respect to the subject matter hereof, and supersedes 21 all previous negotiations, proposals, commitments, writings, advertisements, publications, and 22 understandings of any nature whatsoever unless expressly included in this Agreement. 23 24 25 26 1H 27 1H 28 1H 12 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of 2 the date and year first above written. 3 COUNTY OF FRESNO 4 5 6 7 S Qui ter , Ch irman of the Bd%Ld,ol Su ors of the 8 County of Fresno 9 Date: $VS17- 10 ATTEST: 11 Bernice E. Seidel Clerk of the Board of Supervisors 12 County of Fresno, State of California 13 14 Deputy 15 16 17 18 19 20 FUND NO: 0001 SUBCLASS NO: 10000 21 ORG NO: 7205 ACCOUNT NO: 7885 22 23 24 25 sW:JK: Gg205ComDevN—Agendas-Agreements�2023\0808 JPA-CDBG,HOME,ESG AG7.docx 26 27 28 13 1 1 HEREBY CERTIFY that the terms and provisions of this Agreement are fully 2 authorized under the laws of the State of California, all local laws, and that this Agreement 3 provides full legal authority for the COUNTY to undertake, or assist in undertaking, essential 4 community renewal and lower income housing assistance activities. 5 6 DANIEL C. CEDERBORG, COUNTY COUNSEL 7 8 9 Deputy 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14 1 JOINT POWERS AGREEMENT 2 COUNTY OF FRESNO's URBAN COUNTY PROGRAM for COMMUNITY DEVELOPMENT 3 BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS (HOME), and 4 EMERGENCY SOLUTIONS GRANTS (ESG) ENTITLEMENT FUNDING 5 FOR JULY 1, 2024 TO JUNE 30, 2027 6 7 CITY OF FOWLER 8 9 BY 10 11 12 ATTEST: 13 14 DA40,4r 15 City Clerk, City of Fowler 16 17 18 19 20 21 22 23 24 25 26 27 28 15 1 JOINT POWERS AGREEMENT 2 COUNTY OF FRESNO's URBAN COUNTY PROGRAM for COMMUNITY DEVELOPMENT 3 BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS (HOME), and 4 EMERGENCY SOLUTIONS GRANTS (ESG) ENTITLEMENT FUNDING 5 FOR JULY 1, 2024 TO JUNE 30, 2027 6 7 CITY OF KERMAN 8 9 By _ Axl-- 10 10 11 12 ATTEST: 13 14 15 City Clerk, City of Kerman 16 17 18 19 20 21 22 23 24 25 26 27 28 16 1 JOINT POWERS AGREEMENT 2 COUNTY OF FRESNO's URBAN COUNTY PROGRAM for COMMUNITY DEVELOPMENT 3 BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS (HOME), and 4 EMERGENCY SOLUTIONS GRANTS (ESG) ENTITLEMENT FUNDING 5 FOR JULY 1, 2024 TO JUNE 30, 2027 6 7 CITY OF KI G BURG 8 9 By 10 11 12 ATTEST: 13 14 15 City I rk, City of Kings urg 16 17 18 19 20 21 22 23 24 25 26 27 1 JOINT POWERS AGREEMENT 2 COUNTY OF FRESNO's URBAN COUNTY PROGRAM for COMMUNITY DEVELOPMENT 3 BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS (HOME), and 4 EMERGENCY SOLUTIONS GRANTS (ESG) ENTITLEMENT FUNDING 5 FOR JULY 1, 2024 TO JUNE 30, 2027 6 7 CITY OF MENDOTA 8 9 By 10 11 12 ATTEST: ```y�Q �� � ���',', FIP ORW,0 13 14 *; 1942 �tk 15 City Clerk, City of Mendota16 %, ,• �� /F oft 17 18 19 20 21 22 23 24 25 26 27 28 18 1 j JOINT POWERS AGREEMENT 2 COUNTY OF FRESNO's URBAN COUNTY PROGRAM for COMMUNITY DEVELOPMENT 3 I BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS (HOME), and 4 I EMERGENCY SOLUTIONS GRANTS (ESG) ENTITLEMENT FUNDING 5 FOR JULY 1, 2024 TO JUNE 30, 2027 F 7 CITY OF REEDLEY 8 9 By 10 11 12 ATTEST: 13 149!L(. 15 City Clerk, City of Reedley 16 17 18 19 20 21 22 23 24 25 26 27 28 1 JOINT POWERS AGREEMENT 2 COUNTY OF FRESNO's URBAN COUNTY PROGRAM for COMMUNITY DEVELOPMENT 3 BLOCK GRANT(CDBG), HOME INVESTMENT PARTNERSHIPS (HOME), and 4 EMERGENCY SOLUTIONS GRANTS (ESG) ENTITLEMENT FUNDING 5 FOR JULY 1, 2024 TO JUNE 30, 2027 6 7 CITY OF SANGER 8 9 BXZA�� 10 11 12 ATTEST: 13 14 15 City Clerk, City of Sanger 16 17 18 19 20 21 22 23 24 25 26 27 28 20 1 JOINT POWERS AGREEMENT 2 COUNTY OF FRESNO's URBAN COUNTY PROGRAM for COMMUNITY DEVELOPMENT 3 BLOCK GRANT(CDBG), HOME INVESTMENT PARTNERSHIPS (HOME), and 4 EMERGENCY SOLUTIONS GRANTS (ESG) ENTITLEMENT FUNDING 5 FOR JULY 1, 2024 TO JUNE 30, 2027 6 7 CITY OF SELMA 8 Y Fernando Santillan, City Manager, City of Selma 10 11 12 13 14 15 ATTEST: 16 17 18 City Clerk, City of Selma 19 20 21 22 23 24 25 26 27 28 21 1 JOINT POWERS AGREEMENT 2 COUNTY OF FRESNO's URBAN COUNTY PROGRAM for COMMUNITY DEVELOPMENT 3 BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS (HOME), and 4 EMERGENCY SOLUTIONS GRANTS (ESG) ENTITLEMENT FUNDING 5 FOR JULY 1, 2024 TO JUNE 30, 2027 6 7 CITY OF ORANGE COVE 8 9 ByG�- 10 m oyw- ,A116 Te-A . 11 cilhea �CtLc�4 12 ATTEST: 13 14 15 City Clerk, City of Orange Cove 16 17 18 19 20 21 22 23 24 25 26 27 28 22 Exhibit A Record of Participating and Non-Participating Cities To meet both U.S. Department of Housing and Urban Development (HUD) and County amendment processing time requirements, the last date to notify the County in writing of a desire to join the URBAN COUNTY PROGRAM for: - The Program Year beginning July 1, 2025 and ending on June 30, 2026, is April 1, 2024. - The Program Year beginning July 1, 2026 and ending on June 30, 2027, is April 1, 2025. Any subsequent amendment to add a city and modify this agreement may occur after June 301h, but must be before the HUD-determined deadline announced for that program year, which varies based on HUD's annual notice date. As of the date of execution,for the period of time from July 1, 2024 to June 30, 2027 the following cities, all municipal corporations of the State of California, located within the boundaries of the County of Fresno shall be included as "Participating Cities" in this Agreement and known as "CITY" or "CITIES": Fowler Kerman Kingsburg Mendota Orange Cove Reedley Sanger Selma As of the date of execution,for the period of time from July 1, 2024 to June 30, 2027 the following cities, all municipal corporations of the State of California, located within the boundaries of the County of Fresno shall be known in this Agreement as "Non-Participating Cities"for the purposes of excluding their metrics from the County and Participating Cities metrics to calculate the Unincorporated Area metrics in Exhibit B: Clovis (HUD-designated metropolitan city receiving separate funds) Coalinga Firebaugh Fresno (HUD-designated metropolitan city receiving separate funds) Huron Parlier San Joaquin Exhibit B Page 1 of 3 CDBG Funding Distribution 1. DEFINITIONS& METHODOLOGY, ORDERED BY FLOW OF CALCULATIONS a. CDBG Grant from HUD for the Upcoming Program Year: For each Program Year,the CDBG Grant from the U.S. Department of Housing and Urban Development (HUD)for the upcoming program year shall be the most recently released CDBG allocation amount for"Fresno County" for CDBG. The release of the allocation amount generally occurs in the spring preceding the start of the Program Year, but may occur earlier or later. b. Participating Cities: For each of the three (3) Program Years the participating cities shall include those identified as such on Exhibit A of this Agreement, as may be amended annually. Cities wishing to be included in the URBAN COUNTY PROGRAM for a future Program Year must join prior to the dates referenced in Exhibit A, as the participating cities must be known prior to the HUD announcement of funding allocations that occur(usually) in the spring prior to the start of the Program Year. c. Non-Participating Cities: Non-Participating Cities shall include those identified as such on Exhibit A of this Agreement. Their data will be included for illustrative purposes but their metrics shall not be included in any percentages used to calculate the Program Year Allocations.The Non- Participating Cities contribution to Formula Percentage shall be 0.00%. d. Unincorporated Areas:The Unincorporated Areas of the County of Fresno shall consist of metrics for the County of Fresno, less the metrics for the Participating Cities listed on Exhibit A, less the metrics for the Non-Participating Cities listed on Exhibit A. e. Most Recently Available Dataset:Shall mean the official dataset most recently released and available on Census.gov.The date data was retrieved for calculations along with the year of the dataset shall be provided with all calculated tables used to announce Program Year Allocations. It is anticipated Program Year 2024-25 will use the 2022 dataset released in December 2023. f. Population:The data used to identify the county/city population shall be based on the most recently available dataset comprised of the U.S. Census' American Community Survey(ACS), 5- Year Estimates Detailed Tables, "Total Population" (referenced quickly as B01003)for the Total Estimate values. g. %of Population:The formula to obtain the%of Population is as follows: Population of Participating City or Unincorporated Areas Sum of All Populations of Participating Cities & Unincorporated Areas Exhibit B Page 2 of 3 h. People in Poverty:The data used to identify the number of county/city people living in poverty shall be based on the most recently available dataset comprised of the U.S. Census' American Community Survey(ACS), 5-Year Estimates Detailed Tables, "Poverty Status in the Past 12 Months by Age" (referenced quickly as B17020) for the Income in the past 12 months below poverty level values. i. %of People in Poverty:The formula to obtain the%of People in Poverty is as follows: People in Poverty in Participating City or Unincorporated Areas Sum of All People in Poverty in Participating Cities & Unincorporated Areas j. Overcrowded Units:The data used to identify the number of housing units in the county/city that are overcrowded shall be based on the most recently available dataset comprised of the U.S. Census' American Community Survey (ACS), 5-Year Estimates Detailed Tables, "Tenure by Occupants per Room" (referenced quickly as B25014)Total Estimate values less each of the four (4)following metrics: i. Owner occupied 0.50 or less occupants per room, ii. Owner occupied 0.51 to 1.00 occupants per room, iii. Renter occupied 0.50 or less occupants per room, iv. Renter occupied 0.51 to 1.00 occupants per room. k. %of Overcrowded Units:The formula to obtain the% of Overcrowded Units is as follows: Overcrowded Units in Participating City or Unincorporated Areas Sum of All Overcrowded Units in Participating Cities & Unincorporated Areas 1. CDBG Formula%:The formula to obtain the percentage utilizes the HUD "Formula A" methodology and places double weight on % of People in Poverty. The methodology to average the percentages is consistent with guidance published by HUD in 2005 and is a deliberate balancing of the three key metrics driving the CDBG allocation. The resulting ratio shall be rounded to four(4) decimal points when expressed as a decimal (whole number with two (2) decimal places if expressed as a percentage). For any given Participating City or the Unincorporated Areas the CDBG Formula %shall be: of Population + of People in Poverty + of People in Poverty + of Overcrowded Units 4 Exhibit B Page 3 of 3 m. Set-Aside for Program Administration:The set-aside for program administration shall not exceed 20%of the CDBG Grant from HUD for the Upcoming Program Year.This funding is used as a program administration budget by the County's Department of Public Works and Planning's Community Development Division to support the costs of CDBG activities for the URBAN COUNTY PROGRAM as well as HOME-funded activities. n. Public&Social Services Programs:These funds, if any, shall be used to support CDBG-eligible public and social services activities consistent with the most recently completed Consolidated Plan or Action Plan.The maximum amount shall not exceed 15%of the CDBG Grant from HUD for the Upcoming Program Year and will be funded solely with the Unincorporated Area's allocation. Public&Social Services Programs will be developed by the Community Development Division,vetted through the County's Citizen Participation Plan, and if involving reimbursement of funds to a non-County entity, approved and authorized by the County's Board of Supervisors. By written mutual agreement, the Department of Public Works and Planning may transfer planning and administration of these funds to a more appropriate County Department. o. CDBG to Allocate to Cities and Unincorporated Areas:The formula to obtain the amount of CDBG to allocate to cities and Unincorporated Areas shall be: CDBG Grant from HUD for the Upcoming Program Year— Set-Aside for Program Administration p. Program Year Allocations:The Program Year Allocations for each City and the Unincorporated Areas shall be determined by: CDBG to Allocate to Cities and Unincorporated Areas x CDBG Formula The resulting numbers shall be truncated to the nearest whole dollar. If the sum of the Program Year Allocations does not add to the CDBG Grant from HUD for the Upcoming Program Year exactly,the variance (expected to be less than a thousand dollars) shall be eliminated by modifying the funding for the Unincorporated Areas. The Program Year Allocation does not include any CDBG Program Income accrued, nor admin for Program Income, nor any borrowed/loaned CDBG amounts. Actual amounts available to participating cities for projects will be the Program Year Allocation combined with city-specific CDBG Program Income, adjusted for borrowed/loaned amounts and admin costs. The County's Department of Public Works and Planning's Community Development Division shall maintain records to support available amounts in accordance with the Terms of this Agreement.