HomeMy WebLinkAboutAgreement A-20-243 Community Development Block Grant.pdf1 JOINT POWERS AGREEMENT FOR HOUSING AND
2 COMMUNITY DEVELOPMENT
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4 THIS AGREEMENT (the "Agreement ") is made this __ day of June , 2020, by and
5 between the COUNTY OF FRESNO , a political subdivision of the State of California,
6 ("COUNTY"), and the incorporated CITIES OF FOWLER , KERMAN, KINGSBURG, MENDOTA,
7 REEDLEY , SANGER , and SELMA, all municipal corporations of the State of California , located
8 within the boundaries of the County of Fresno ("CITY" or "CITIES").
9 WITNESSETH
10 WHEREAS , the COUNTY and the CITIES desire to engage in housing and community
11 development activities as authorized under the Housing and Community Development Act of
12 1974 , as amended , and hereafter referred to as the ",ll.CT";
13 WHEREAS , the ACT requ ires that certain cooperation agreements be entered into
14 between the COUNTY and the CITIES for a period of three years in order to implement the
15 provisions and terms of said ACT;
16 WHEREAS , the COUNTY and the CITIES are public agencies under the provisions of
17 Section 6500 of the Government Code of the State of California , and each is authorized by law
18 to enter into Joint Powers Agreements ;
19 WHEREAS , the COUNTY and the CITIES are individually authorized by law to engage
20 in housing and community development activities ;
21 WHEREAS, the COUNTY and the CITIES do hereby find and determine that it is in the
22 best interest of the residents of the unincorporated area of the COUNTY and of the CITIES that
23 housing and community development acti vities be performed jointly in accordance with the
24 provisions of this Agreement in that the U.S. Department of Housing and Urban Development
25 (HUD ) recommends the expend iture of funds for such purpose on a regional basis; and
26 WHEREAS , the COUNTY requalified for entitlement status as an urban county to
27 administer and implement the Community Development Block Grant (CDBG), HOME Investment
28 Partnerships (HOME) and Emergency Solutions Grant (ESG) Programs for housing and
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Agreement No. 20-243
23rd
20-0378
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community development activities and homeless services for each of the participating parties to
this Agreement in accordance with the provisions of the ACT, the laws of the State of California ,
and the terms and conditions hereinafter provided .
NOW, THEREFORE , IT IS AGREED AS FOLLOWS :
1. The parties to this Agreement, pursuant to the requirements of the ACT, agree to
take all actions necessary to ensure compliance with the urban county's certification under
Section 104(b) of Title I of the Housing and Community Development Act of 197 4 , as amended ,
and that the grant w ill be conducted and administered in conformity with Title VI of the Civil Rights
Act of 1964, the Fair Housing Act, and will affirmatively further fair housing . The parties to this
Agreement will also comply with Section 109 of Title I of the Housing and Community
Development Act of 197 4, Section 504 of the Rehabilitation Act of 1973, Ti tle 11 of the Americans
with Disabilities Act, the Age Discrimination Act of 1975, Section 3 of the Housing and Urban
Development Act of 1968 , National Environmental Policy Act of 1969, Executive Order 11988,
24 CFR 570 pertaining to the CDBG Program regulations, and to comply with other applicable
laws.
2. The COUNTY is responsible for program administration and implementation ;
determining needs; setting goals; preparing and submitting a five -year Consolidated Plan , annual
Action Plan , Consolidated Annual Performance and Evaluation Report, and all required
assurances or cert ifications to HUD, and has the final authority for approving CDBG , HOME
Investment Partnerships and ESG Program activities and priorities .
3 . The parties to this Agreement acknowledge that the COUNTY and CITIES may
not sell, trade, or otherwise transfer all or any portion of their CDBG funds to another met ropolitan
city, urban county, unit of general local government, Indian tribe , or insular area that d irectly or
indirectly receives CDBG funds, in exchange for any other funds, credits or non-Federal
considerations , but must use these funds for activities eligible under Title I of the Housing and
Community Development Act of 1974, as amended .
4. The parties to this Agreement, pursuant to the requirements of the ACT, agree to
cooperate to undertake, or assist in undertaking , community r enewal and lower-income housing
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assistance activities.
5. The parties to this Agreement understand the COUNTY is prohibited from funding
activities in, or in support of, any CITY that does not affirmatively further fair hous ing within its
own jurisdiction or that impedes the COUNTY's actions to comply with its fair housing
certification.
6. Pursuant to the ACT, the CITIES have adopted , and are enforcing:
a. A policy prohibiting the use of excessive force by law enforcement agencies
8 within their jurisdict ions against any individuals engaged in non-violent civil rights
9 demonstrations.
10 b . A policy of enforcing applicable state and local laws against physically
11 barring entrance to or exit from a facility or locat ion which is the subject of such non-violent civil
12 rights demonstrations within their jurisdictions.
13 7. The CITIES do not have the power to veto or otherwise restrict, obstruct
14 implementation, or withhold support to the community development and housing assistance
15 activities referred to in the Consolidated Plan and annual Action Plan, for any program year
16 covered by this Agreement and/or such additional time as may be required for the expenditure
17 of funds granted to the COUNTY for such period.
18 8. It is understood and agreed that pursuant to the ACT, the participating CITIES
19 shall not be entitled to make separate applications for CDBG funds under the State's Sma ll Cities
20 CDBG Program during the period in which the CITIES are participating in the COUNTY's CDBG
21 Program. Furthermore, the CITIES may not participate in a HOME consortium except through
22 the COUNTY, regardless of whether the COUNTY receives a HOME formula allocation. Nothing
23 herein shall be construed as lim it ing in any manner the power s of any of the respective part ies
24 to initiate and complete a local activity within their respective jurisdiction with their own funds.
25 9. The al location of funds for annual expenditures on CDBG act ivities shall be
26 shared on a proportionate basis determined by an allocation formula , after the COUNTY's cost
27 for implementing the CDBG Program has been subtracted , not to exceed the maximum 20%
28 administrative cap. Such allocation formula shall be based upon the formula prescribed by the
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1 ACT.
2 However, it is understood and agreed that any proposed expenditure is subject
3 to the condition that a different distribution of funds may occur at the COUNTY's discretion when
4 made necessary to comply with the ACT, including but not limited to regulatory expenditure
5 requirements.
6 10. Each CITY, pursuant to 24 CFR 570.501 (b), is considered a subrecipient of
7 CDBG funds, and is subject to the requirements for subrecipients . Before disbursing COBG
8 funds to a subrecipient, the COUNTY shall prepare a written Agreement in accordance with
9 Federal regulations (as described in 24 CFR 570.503), and execute such Agreement with the
10 subrecipient. The Agreement shall remain in effect during any period that the subrecipient has
11 use of CDBG funds, including program income.
12 11. Each CITY in formulating its annual application to expend CITY-allocated CDBG
13 funds shall conduct at least one annual public meeting to provide its residents an opportunity to
14 participate in the recommendation of activities for the CDBG Program. Such meetings shall be
15 conducted whenever a participating CITY intends to seek approval for an activity to be funded
16 w ith CDBG funds. If a CITY intends to continue with a multi-year activity tha t was approved as
17 a multi-year activity during a prior year, then this public meeting requ irement may be waived.
18 Each of the participating CITIES shall provide reasonable notice to its residents of said meetings,
19 and shall make efforts to disseminate information to the public concerning a particular activity .
20 12. Each CITY agrees to develop and complete eligible program activities in a timely
21 manner so that the Urban County CDBG Entitlement Program will comply with Federal
22 expenditure requirements.
23 13. Each CITY agrees to submit application(s) for eligible CDBG activities no later
24 than July 31 st prior to the start of each program year. Should a CITY not submit an app licatio n
25 for an eligible activity by the July 3pt date , and/or make substantial progress toward completion
26 of an eligible activity during the program year in which the funds are allocated , upon mutual
27 agreement by the staff of all the parties, the COUNTY shall red ist ribute funds to other
28 participating CITY/CITIES with an eligible activity ready to commence.
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14. If a CITY's CDBG funds are advanced to another participating CITY/CITIES in
order to accelerate expenditures, including but not limited to meet requirements for timeliness of
expenditures, the CITY advancing funds shall be reimbursed by the recipient of those funds with
the recipient 's next program year allocation.
15. If a CITY, due to unforeseen and uncontrollable circumstances , cannot comply
with the time schedule within an executed project agreement, the schedule for the activity may
be extended by the COUNTY.
16. If a CITY, for any reason , cancels a program activity without co mpletion , the CITY
shall reimburse to the COUNTY the amount of all CDBG funds provided to the CITY for the
activity . The reimbursed amount of funds shall be credited back to the CITY's allocation of CDBG
funds.
17. Any CDBG funds remaining available to any CITY and not allocated during the
term of th is Agreement to an activity upon which substantial progress is being made, will no
longer be available to that CITY should that CITY not enter into the next succeeding Joint Powers
Agreement. Such CDBG funds shall be distributed to the COUNTY and the then-participating
CITIES of that Joint Powers Agreement, based upon the formula established by the ACT.
Determination regarding substantial progress shall be made by the COUNTY in its sole
discretion.
18. The COUNTY agrees to make HOME funds available for eligible housing
activities within the jurisdictions of the CITIES as well as within the unincorporated area . HOME
funds will be provided to eligible residents , institutions and agencies for eligible housing activities
approved by the Board of Supervisors, on a first-come , first-served basis .
19. The COUNTY shall use its ESG funds for the residents of t he uninco rpora ted area
of the COUNTY and of the CITIES, though service points may be centrally located. ESG shall
be administered through the COUNTY's Department of Social Services. It is understood and
agreed that the CITIES may not apply for, and do not receive a formula allocation unde r the
Federal ESG Program. Furthermore , CITIES participating in the Urban County program do not
receive individual allocations of ESG funds . However, nothing herein shall be construed as
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1 limiting in an y ma nner the powers of any of the respecti ve parties to initiate a separate application
2 for ESG funds under the State's ESG Program , if allowed by the State.
3 20 . The COUNTY shall make available to each CITY any special funding allocations
4 that may be based on the CITIES ' participation with the COUNTY in the CDBG Program . These
5 programs may include, but shall not be limited to , the HOME Investment Partnerships Program
6 and special allocations of CDBG funds that exceed the annual entitlement provided through this
7 Ag reement during the term of this Agreement.
8 21. The COUNTY shall be responsib le for monitoring and reporting to HUD the use
9 of any program income generated from activities funded by th is Agreement.
1 O 22 . The reporting obligation of the CITIES pursuant to the ACT shall include the
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12 a. A participating CITY must inform the COUNTY when any program income
13 is generated by the expenditure of CDBG funds.
14 b. In the event of close-out of the CDBG Program or a change in status of a
15 participating CITY , each participating CITY must inform the COUNTY of any CDBG generated
16 program income received prior to or subsequent to the close-out or change in status of a
17 participating CITY.
18 c. Any program income generated by a CITY CDBG-funded activity must be
19 paid to the COUNTY. The COUNTY shall credit the amount to that CITY'S CDBG allocation for
20 use on subsequent CITY CDBG eligible activities in accordance with Federal requirements ;
21 provided that the CITY is participating in the COUNTY'S CDBG Program at the time the program
22 income is generated.
23 d. If the CITY is not participating in the COUNTY's CDBG Program at the
24 time the program income is generated , the COUNTY is not obligated to credit the amount to that
25 CITY'S CDBG allocation for use on subsequent CITY CDBG eligible activities should that CITY
26 return to the COUNTY'S CDBG Program.
27 e . CDBG program income will be made available to a C ITY either upon receipt
28 by the COUNTY, or not later than the subsequent program year.
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23. Each participating CITY must obtain prior written approval f rom the COUNTY
before making any modification or change in the use of any real property improved , in whole or
in part , using CDBG funds in excess of $25,000. The CITY shall provide affected citizens with
notice of, and opportunity to comment on , any proposed change to the use of real property
improved with CDBG funds. If any real property improved with CDBG funds is sold and/or is
utilized by the CITY for a use which does not qualify under the CDBG Program , the CITY shall
reimburse the COUNTY in an amount equal to the current fair market value f or the property, less
any proportional share thereof attributable to expenditures of non-CDBG funds. It is therefore
understood and agreed that pursuant to the ACT:
a . These requirements shall continue in effect for five years after the Project
is completed in HUD 's Integrated Disbursement and Information System (IDIS).
b . In the event the CDBG Program is closed-out , or there is a change in
status of the cooperation agreement between the COUNTY and participating CITY, the
requirements of this Section shall remain in effect for activities funded with CDBG funds, unless
action is taken by the Federal government to relieve the COUNTY and the participating CITIES
of these obligations.
c. If a CITY is required to repay the COUNTY for reasons described in this
Section of the Agreement, the COUNTY shall make the repaid funds available to that CITY fo r
eligible CDBG activities in accordance with Federal requirements ; provided that the CITY is
participating in the COUNTY's CDBG Program at the time of the reimbursement.
d . If the CITY is not participating in the COUNTY's CDBG Program at the time
the income is generated , the COUNTY is not obligated to credit the amount to that CITY'S CDBG
allocation .
24. The term of th is Agreement shall commence on July 1, 2021 and shall terminate
25 on June 30 , 2024 . Notwithstanding the foregoing , this Agreement shall remain in effect until the
26 CDBG, HOME and ESG funds and program income received w ith respect to act ivities carried
27 out during the three-year qualification period are expended and the funded activities comp leted .
28 No parties to this Agreement may withdraw from , be released from , or terminate this Agreement
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while the Agreement remains in effect. All parties to this Agreement are participants in the
preparation of the COUNTY's five-year Consolidated Plan , annua l Action Plans , and
Consolidated Annual Performance and Evaluation Reports, and are obligated th rough the three-
year program period which includes said documents.
25 . Notwithstanding the date of execution of this Agreement , it shall be effective on
July 1, 2021 . Each CITY shall sign the Agreement prior to the COUNTY . The COUNTY shall
insert the d ate it signs the Agreement on page 1, lines 4-5. The COUNTY shall insert names of
all participating CITIES on page 1, lines 6 and 7 .
26. This Agreement shall be binding upon the parties hereto and their successors
and assigns .
27. It is understood that there may be a number of duplicate originals of this
Agreement, and the signature of any representative member on any one Agreement shall be
deemed applicable to all such duplicated originals. Additionally , this Agreement may be
executed in any number of counterparts, each of which shall be deemed an original. The part ies
agree that the County may assemble together in the original agreement to be p rovided to the
County Board of Supervisors for s ignature, one original signat ure page from each city, to form a
total original to be signed by the County Board of Supervisors .
28. Each party to this Agreement shall indemnify, defend and hold harmless the other
parties , their officers , agents, employees and representatives , from any and all loss , liability ,
costs, expenses and damage to persons or property , and from an y and all claims, demands and
actions in law or equity (including attorney's fees and legal expenses) arising or alleged to have
arisen directly from the wrongful act caused by its respective activities pursuant to t his
Agreement.
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1 IN WITNESS WHEREOF , the parties hereto have caused this Agreement to be executed
2 as of the date and year first above written .
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FUND NO : 0001
SUBCLASS NO : 10000
ORG NO : 7205
ACCOUNT NO: 7885
SW:JN:
G :\7205ComDev\-Agendas-Agreements\2020\0623 JPA-CDBG , HOME, ESG AGT.docx
July 19, 20 19
COUNTY OF FRESNO
c::. ~4 ,-G;t-LL,, L..
Ernest Buddy Men s: Chairman of the -
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Board of Supervisors of the
County of Fresno
Date : Lo l)d 1ao ---~-------------
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno , State of California
By : cl~~
Deputy
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I HEREBY CERTIFY that t he terms and provisio ns of this Agreement are fully authorized
under the laws of the State of California and al l local laws and that th is Agreement provides full
legal authority fo r the COUNTY to undertake, or ass ist in underta king , essential community
renewa l, and lower income housing assistance activities.
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1 JOINT POWERS AGREEMENT FOR HOUSING AND
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COMMUNITY DEVELOPMENT
C ITY OF FOWLER
1 JOINT POWERS AGREEMENT FOR HOUSING AND
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COMMUNITY DEVELOPMENT
CITY OF KERMAN
8 ATTEST:
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1 JOINT POWERS AGREEMENT FOR HOUSING AND
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COMMUNITY DEVELOPMENT
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1 JOINT POWERS AGREEMENT FOR HOUSING AND
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COMMUNITY DEVELOPMENT
CITY OF MENDOTA
By de----------------
ATTEST:
1 JOINT POWERS AGREEMENT FOR HOUSING AND
COMMUNITY DEVELOPMENT
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: :~TY ~L(L_
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8 ATTEST:
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1 JOINT POWERS AGREEMENT FOR HOUSING AND
COMMUNITY DEVELOPMENT
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CITY OF SANGER
8 ATTEST:
1 0 City erk, City of Sanger
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1 JOINT POWERS AGREEMENT FOR HOUSING AND
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COMMUNITY DEVELOPMENT
CITY OF SELMA
By
Teresa Gallavan, City Manager
ATTEST:
City~of~
Reyna Rivera