HomeMy WebLinkAboutAgr 2020-06-03 (CDBG) �
CnMMUNiTY DTVI�LOPMI;NT 13LOCl{
Cl2ANT ANll HONII:I1VVrS"fMrNT
PAR"TN1:12SH1PS T'ROGRAAI
C04P�RATION AGRE�M�NT
THl AGRErIv1TN'i�, entered into this �rd day of �U l► t' , 2020, by and
U����� O�' �t bur0�i•�inafter referred to as "City° and COUN"rY OF NIAR[N,
hereinafiter referred to as "Co�mtv."
W 17'N ESSLTI-1
1�/}-IERGAS, h C' �D(..[lrt C� -F { t �?uro� is a duly constituted munici��al
corporation under the la�vs of the State a1�California, and is empo�vered thereby to undertalce
essentia) communiCy rene�•val �nd lo���er-income I�ousi�lg assistance activities;ai��l
WHEREAS, COUNTY OF NInR1N is a duly constituted subdivision ofthe State of California, 1nd
is also empo�a�ered by State la����to undertake essei�tial comi��unity renewal ai�d lo�ver-income
housing assisTa�ue activities: and
WNEREAS, Government Code Sections 6500. et seq., auth�rize t�vo or more public agencies
to.iointly e�ercise any pa��er common to both; and
WFIERF,AS, it is mutiial)y dcsired hy the parties hereto to enter into a Cooperation AJreement, in
accord with the I�Iousi��g anci Community Development Act of 197�; as ainencied,and applicable
}=ederal rules and regulations adoptecl �ursuant thereto, whereby the parties shall joinily
u��derCal<e community rene�l-al ��nd lower-incon��e housin��ssistance �ctivities, including those
funded by the Communi�v Uevelopment Blocl< Urant Gntitlement Pro�ram (CDBG); the}-10IvlE
lnvestment Partnerships Pro��r��m (1-iOM�E), and the Emergency Solutions Grai�ts Program (GSG);
and
NOW,TH1:RE1=0RE:, I31.: IT 11ERL;E3Y RESOLVED as follo�vs:
1. `l�he parties hereto agree to rooper�lte to undertakE,01'1SSISt 111 1117CI(:l'IBIUIIf�, CO]11111Ullily rene�a�al
and lo��vEi•-income housing assistancc activitics, pursuant to the Housin�and Commui�ity
Development Act ol' 197=4. as amended,the HOME [nvesYmei�C I'artnerships nct, �s amended.
anci the Ste���art I3. Mcl<inne�- 1 lomeless flssistance/�ct, as amended. City a��rees to undei�t�il:e.
or assist in untlertal:in�. commuiiity rene��al �ti1C� I01\('I'-IIICOIIIt: IIOlIS111S�SSIStc�IlCf', 1ClIVIlIP.S.
This Cooperatian A��recment shall become eftective for an initial three-year term on October 1,
2020, and be in ei fect throu��h, and shall not be terminated prior to. September 30,2023,al�ter
�-vl�ich the term �11a11 be atitom��tic�illy rene��ved tmless action is tal:rn vy the Colii�i�- or City
prior to thc cnd of�the t�rrn clectin�noT to partici-patc iii a new c��ialification period. This
Cooper�ltiori A��reen�ent sl�all autom<lticall�- rene�ar f��r participation in successive three-ye��r
qualification E�ei-iocis u��on zx��iration ot�e�eh q�illitication periocl, unless tl�e Couni�y or the City
provides�vritten r���tice to the other party at b��the date specifiecl in HUD's �u•ban count�
quzli�ticatioi� notic� for the ne�t q��alitication period th�lt it is el�ciing t�o discontinue its
participatioi� in this C�op�ration Agrcement for the successive qualific�[ion perioci. A copy of
that notice sliall be sent to the other party and to ihe local I-lousing and Urb�ln Development
(HUD) Field Oi�fic�, to ihe desi�i�ated cont�lcts det�liled in Section 16 belo��v. County shall
provide City ��ith ��ritten notice by the date specilie�l in HUD�s urban cottnty qualillcaiion
i�otice for the nExt qu�llific<ition period of its ri�l�t not to p�rtieipate in t1�e�irban county for a
� successive three- �ear term ���ith a copy of the notific�tion sent to the E-3UD F ield Oi'fice Citv
inay discontinue its p�rticipation b��tal:ing tliose actions set forth bv Section 6 of this
�greement. in conj�inction �a-ith notification to the County and f-►UD as specifiecl herein. In thc
event that the Count�� pro��oscs to entcr into an agreement o�� terms that �-vould replace or
ai�iend the terms of this �z��,reement for�i��� subsequent qualitication period then Cou>>tv shall
notify Citv of the ierms bein�� proposed as soon �ls C��untv bccomes a«-ace:of the neecl to
replace oi-amend ihis�i�zreement. but in any event b� no later thai� the clate speci�iied in ]IUD�s
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tu�ban county qualification notice fbr election to discontinue its participation in this Cooperation
A�reement for the next qualification ��eriod. Thereafter, Ciry shaU i�otifj� County as to�•vhether
it shall accept the propased terms by no later than the time required to notity the County of its
intent to elect to discontinue participation as specified in I-lUD's urban county qualitic�tion
notice for the ne�t qualiiication periocl. The parties stipulate and agree to adopt any changes
necessary to meet the �-equirements for a cooperation agreement set forth in an urban county
qualification notice applicable to a subsequent three-year�u�ban county qualification period.
The parties shall submit such amendment to }-IUD as provided in the urban county qualification
notice. Failure to do so shall result in tl�e automatic rene�val for such qualifieation period beinr�
void. This a�reement shall remain in effect until the Commtu�ity Developrnent Biocl< GI'�llll,
HONIE lnvestment Partnership Program, and Emergency Solutions GranYs Program funds frorn
appropriations for federal tiscal years ?021, ?022, 2023, and an}�program income received with
respect to activities carried out during the three-year qualification period are e�pended and the
funded activities completed, or iinti( such time as it is replaced by a fi�lly executed agreement
of the parties. Neither Coui�ty nor City may terminate or withdraw from this Cooperation
Agreement ��vhile it remains in effect.
2. Upon certitication of Nlarin County, includin��all or a portion of the incorporated cities���ithin
the County_as an "urban coimty" for federal fiscal years 2021, 2022, and 2023, and subsequent
three-year periods thereafter; under the Housin«and Community Development nct of 1974, as
amendecL and applieable rules ancl regulations adopted pursuant thereto, a Priority Setting
Committee shall be formed consisting of one (I) represe��tative designated by each of the cities
�vith a population over 50,000 and one(1) representative cfesignated by the Boartl of
Supervisors. All other participatinti�.cities and towns may each designate up to one
representative. 1��ith mutual consent of the Board of Supervisors and each of the participating
cities, the Priority Settin��Committee may be expanded to include one or more additional
communit� member(s) �vho represent the interests of racial and etl�nic minorities, individuals
�.vith ciisabilities, and/or other protccted classes. Each representative shall have equal voting
rights on the Coii�mittee.The Committee shall prepare a proposed bttdget for the use of funds,
and any other documentation req��ired by the U.S. Department of Housing and Urban
Develapment(HUr�) for the Community De�elopment Blocl< Grant Pi•ogram,the 1-ION1E
Investment Partnerships Program; and the Emergency Solutions Grants Program, including, but
not limited ta a list of specitic pro.iects to be undeirtal<en and priorities for implementation for
borh housin�`and commiuiity development pr�jects.
in preparin�T its proposecl plans, project priorities, proposed budget, and other documentation.
the Committee shall disseminate complete information to citizens of Marin County concernin��
its proposals and alternatives. sh�ll conduct public hearings to obtain the views of citizens on
communit� development and housing needs; antl shall provide citizens with adequate
opportunit� to participate in the development of programs and priorities.
"��o ensure adequate participation in the plannin��process,three planning areas �a�ill be
cfesi`�nated �vhich �riil include the cooperatin�� incorporatecl cities as �vell as adjacent
unincorpor�ted areas. 'fhese �vill be the Novato Planning nrea,the San Rafael Plannin��Area.
and the Coui�tv Other Plannin��Area. �vhich consists of rural and small communities.
3. After deduction of adminish�ative e�penses and public service allocations consistent �vith NUD
re�`ulation�. fort� percent (�40%)of the net Community De��elopment Blocl<Grant monies and
one hundreci percent (100%) ot�tl�e net 1-IOME Investment Partnerships Pro;�ram monies
allocated annuallv to the County of Nlarin as an ��UI'�811 COlII1tV�� under the Nousing and
Conununitv Development Act ol' 197�I, as amended, and the HOME lnvestment Pa�-tnerships
Act. as amended. shall be allocatecl for housin<;� purposes on a county�vide basis. The portion oi�
CDI3G funds described in the immediately preceding sentence shall be I:no��-n as"CDBG
Cow�ty���icle Housing funds." Distribution of such funds�vill be made by the Board of
Supervisors.on recommendation ofthe Priorit�- Settin��Committee. Such distribution �vill be
consistent ��-ith }�IUD��uidelines anci evaluatie�n criteria developecl by particij�ating cities and
the count}. to ensure consistency ancl facilit��te implementation of county�vide hausin�;�`�oals.
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a. Tlle Prioritv Setting Committee�vill seel:to allocate funds based on the principles of
��.eographic equity and the general Community Development Blocl: Grant funding
distribution formula used b�� !-IUD to deterinine Marin County's allocation, the latest
avail�ble coiuity�vide data on population;the e�tent of poverty, and the e�tent of
housin��overcro�vding, �vith the provision that the extent of poverty be counted t��-ice.
1-lo��-ever. a different dish�ibution formula is hereby expressly authorized if and �vhen
necessary to comply ���ith Title I of the Housing and Community Development Act of
I 974, as amended. Recommendations for the use of fi�nds shall be made bv the Priorih�
Settin`�Committee, as described above in Section 2, and then referred to the M�lrin
County Board of Supe�visors. The Marin County Board of Supervisors 1-vill rnal:e the
final i�undin��.decisions. If any project submitteci by County as a portion of the
ComrniEnity Develapment Blocl:Grant documentation is found to be ineli�ible by
1-IUD_ the proposed project shall not be flmded. In s��ch an event, the County,actin�in
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cancert �vith the Priority Setting Committee may submit an alternative priority pro,ject
�vhich is�-vithin the original cost and in line with the stated needs and obiectives of
County, provided such a resubmission conforms �vith the rules and re��ulations of the
Department o1'Housing and Urban Development for the aciministration of Title 1 of tl�e
I-lousing and Commlmity Development Act of 1974, as amencled.
�l. Upon completion of Priority Setting Committee deliber�tions, the proposec(buc(get and other
docu���entation shall be submitted to the Nlarin County Board of Supervisors for revie��-and
approval. The ivlarin County Board of Supeivisors will have final responsibility for selectin`�
Community Development Blocl: Grant(CDBG), HOME, and ESG activities and submitting the
Consolidated Plan and other documentation to HUD.
5. For any Planning Area with a population of 50,000 or more (according to population
estimates issued by the U.S. Department of Housing and Urban Development), the system
described in Section 3 of this�greement for allocation oPCommunity Develo��ment Blocl:
Grant funds �vill, at the option of the largest city in the Planning Area be moditied as
follo�vs:
1`he Cit}% Counci) ofthe largest city in the Planning Area���ill prepare the
proposed I ist of projects for the use of(a)that Plai�ning Area's funds, and
(b) that Planning�lrea's"`proportional share"of CDBG Co�mtywide
Housing ilinds �llocated according to the formula described in Section 3 of
this ngreement. The City Council �vill establish its owi�system for settin��
local fundin�priorities, but its process for selecting projects must include a
public hearing and consistency �vith all regulations. The City Council must
consider the needs of all eligible persons who reside within census tracts
associated ���ith the City. including those residing outside the city limits,
but �vill not be subject to an}� quotas ���ith regard to the type or location of
pr�jects. The resultii�g recommendations will be reFerred to the full Priority
Settin��Committee and theil to the Marin County 6oard of Supervisors for
revie�a-and approval. The Priority Serting Committee will recommend
allocation ol�HOMG and ESG funds on a countywide basis, but may
� restrict the CDBG Countywide 1-Iousing f�ulds remainina uilder its
jurisdiction to geographic areas not implementing the provisions of this
paragraph.
"This Section � shali not be applied in any year that the total Community
Development Bfocl:Grant monies allocated to Nlarin County is less than
$�00,000. In any year that the tot�l Community Development Blocl; Grant
monies allocated to Nlarin County is less tllan $500;000, the Priority
Setting Committee �vill mal:e all funding recommendations pursuant to the
svstem described in Section 3.
6. �1'o exercise its rights under Section 1 to discontinue its participation in this agreement Cit�-
may terir�inate its participation in this Cooperation Agreement and membership on the
Priority Settin��Coi»i»ittee b� 1 Slll��le majority vote of its �overnin`�body. Such termination
shall tal.e effect only at tl�e enci oi�the federal three-year urban county qualiiication perioel in
�vhich the action is tal:en and follo�-ving notice to the County and NUD as specified in
Section l. The first qualification period to ���hich this a��reement sh�ll apply �.vill end
Se2�tember 30.2023. Subsequent tirban county qualitication periods �vill end September 30
on every third year follo�vin�?that date.
7. "l�his Cooperation ngreement �l�all not eaempt any project ti•on� the requi��ed local 17overnment
planning approval process. C<�mmunity Development Block �rant, HOME. and ESG funds
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received by County may be allocated to projects only through the process described in this
Cooperation Agreement.
�. Pursu�u�t to ihe Cooperation Agreement, County,acting through the Board of Supervisors. shall
be the primar;%general-p�u•pose local government�) �u�it under the Housing and Communit�-
Development l�ct of 1974, as amended. It shaU be the responsibility of County to apply tor
��rants. to administer all funds receiveci,and to undertal<e or assist in undertal:in��essential
community rene�val and lo�ver income housing assistance activities. Coimty shall h�ve the
auNlority to carry OU1 3Ct1ViTl25 WI11CI1 4VIII 1)E fUI1CIeCI fl'011l illlllU�ll C011lilllillill' Development
Bloci< Grants, from HOME Investment Aartnerships Program funds,and from Emergency
Solutions Grants Pro`�ram funds from Federal Fiscal Years 2021,2022. and ?023. and
subsequent three-year periods thereafter, appropriations and from any pro��ram income
��enerated fi�om the eapenditure ofsuch funds. Records shall be 1<ept by County in accordance
�vith approvecl accountin�procedures,and said records shall be available for public inspection
at all times.
9. Count>�, City; and all other cooperating cities shall take a(I actions necessary to assure
compliance�vith the �u•ban county's certification under section 104(b) o1�Title I ot the I lousin`�
111CI CO111111UIUIy Development Act of 1974,as amended, re�arding Title Vl of the Civil Rights
Act of 1964, the Fair Housing nct,and affirmatively furthering fair housing. Coi�nty. City.and
all other cooperating cities shall also tal<e all actions necessary to assure compliance �a-ith
Section 109 of Title 1 of the Housing and Community Development Act of 1974(��hich
incorporates Section �O�l ofthe Rehabilitation Act of 1973 and the A��e Diserimination Act of
1975), and other applicable la�a�s.
Use of urban county funds for activities in, or in support of, any cooperatin��city that does not
aftirmatively ftn•ther fair housing within its own jurisdiction or that impedes the county's actions
to comply �vith the county's fair housing certification sl7all be prohibitecl.
Pursuant to 24 CFR �70.501(b), City is subject to the same requirements applicable to sub
recipients, inc.luding the requirement of a�vritten agreement as described in 24 CFR >70.�03.
County, City, all other cooperating cities,metropolitan cities, urban counties, units of��eneral
local `�over��ment, Indian tribes, and insular areas that directly or indirectl� receive funds
provided under Title I of the Housing anci Conununity Development Acl of 197�l. as amended.
may not sell, ll�ade, or other�-vise transfer all or any portion of such funds to another such entitv
in ezchan��e lor any other funds, credits, or non-Federal considerations, but must use such funcfs
I'or activities eli�rible under Title ( of ti�e Housing and Community Development Act of 197�4. as
amencled.
10. City SII�II inform Co�u�tv of any income generated by the e���enditure of Communitv
Development I31ock Grant funds, HOME Investment P�rtnerships Pro��ram funds. or (:SG tiinds
received b>- City. An� such program income shall be paid to Co�u�ty for use for eli��ible
activities in accarclanre�vith all Community Development Blocl: Grant. 1iONiE ln�-estment
Partnerships Program. and ESG requirements as may tl�en apply. County has the responsibility
for monitorin�`ancl reporting to HUD on the use of any such pro`�ram income,thereb� requirin`,
appropriate recordl:eeping and reporting by City as may be needed for this purpose. ln the event
of close-out or chan!�e in status of City,any program income that is on hand or received
subsequent to the close-out or chan`�e in status shall be paid to County.
1 1. �-he foilo�a-ing standards shall apply to real property acquired or improved in ��hole or in part
using Community Derelopment Blocl< Grant, HOME, or ESG f�mds that is�.vithin thc co�itrol of
� �J1I'tiC1�7l1Tlil��City.
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a. City shall give County timely notification oFany moditication or chan��e in the use of
the real property from that planned at ihe time of acquisition or impro��ement includin��
disposition.
b. City shail reimburse County in an amount equal to the c�n-rent tair marl.et value(less
any portion thereof attributable to expenc(itures of fiinds other than Communitv
Development Block Grant, HOM�. or ESG) of propert�� acquired or improved ���ith
Comniunity Development Blocl< Grant, }-IONIE. or GSG funds that is sold or transferred
for a use which does not qualify under the Community Deve lopment [31ac1: Grv�t.
I-IONIL; or ESG regulations.
c. City shall pay to County any program income generated from the disposition o��U�ansfer
of property prior to or subsequent to the close-out, change of status or termination of the
cooperation agreement bet�veen County and City. Any pro��ram income shall be
allocated by County for eligible activities in accordance �vith all Comm�u�ity
Development Blocl: Grant, HOME, or ESG requirements as may then apply.
12. The parties hereto agree that the final responsibility for analyzing needs, settin`�abjectives.
developing plans, selecting projects for conununity development and housin�;assistance.
selecting Conununity Development Blocl<Grant, 1-IOME, and ESG activities, �ncl tilin��the
Consolidated Plan and otl�er required ciocumentation rests �•vith County, as required b�-the
I-lousing and Community Development Act of 1974, as anlended.
13. The City shall defend; save, hold harmless and indemnify the County. its ofticers. a��ents and
employees from all liabilities and claims for any fiines, penalties, bodily injur;-, cle�ih_ sicl<ness
or clamages of any type from any cause whatsoevee that arises from or is connectecl ���ith (i) the
City's failure to comply with any requirement of the CDBG Act ancl the I-IOME�ct or the
re��ulations, guidelines, bulletins or circulars that are issued pursuant thereto, and (ii) �ny Cit}�
activity that is financed by funds granted hereunder piu•suant to the CD[3G nct and the 1-IONIE
�ict. Without lirniting the foregoing,the provisions of this E�aragraph apply fully in the event the
Cit�� particip�tes in the Section 312 Federal Rehabilitation Loan Pro��ram in con,junction �vith
tllt;COI1711llIlllTV DeVeIO�lI11e17T BIOCI: Grant ancl 1-]OME Investmcnl Parmerships ��ct pro`�rams.
14. By executing this Communiry Development Blocl: Grant Pro��ram Cooperatioi� A�re�ment_
Cit�� understands that it may not apply for�rants under tlie St�te Communit�� Development
Block Grant Program from appropriations for tiscal years during tl�e pe��iod in ��hich it
participates in the urban county's Cammunity Development Blocl: Grant Pro��r�lm: that it �a ill b�
part of the w-ban county for the I-]ONIE Progi-am ancl L.SG if the urban countv recei�-es i-IOI��IE
and ESG funclin�J, respectively; that it m�y receive formula allocations under the 1-IONII:
Pro�rr�m and ESG onl,�through the urban count��: and that, even if Countv does not receive a
HUME formula allocation, Ciiy cannot form a HO��IE consortium ��ith other local ��overnment�
except through the urban county. This does not preclude Cit�� or County from <�pplyin�� to the
State for HON9E or ESG funds, if the State allo�vs.
15. The cooperatin�? unit ofgeneral local ��overnment has adopted and isenforcine:
a. A policy prohibiting the use of e�cessive force by la�v enforcement a`�encies ��ithin its
jiu�isdiction a��inst any individuals en��a��ed in non-violent civil ri`�hts clemonstrations;
and
b. A policy ofenforcing appiicable State and local la�vs a�Y�1117S1 �7I1\'SICIII�' �)�I'1'lil`�entranc�
to or esit f�rom a facility or location �a�hich is the subject of such non-violent civil riJ�ts
demonstrations �vithin jurisdictions.
b
The phrase"coopeiating unit of general local government'' has the same me�min��in this
Coo}�eration Agreement as it does in HUD Notice#CPD-]3-0�4.
16. All notices under this agreement shall be in �vritiii�.(unless othcn��ise speciiied)delivei�ed to the
parties by hancl, by commercial courier service,electroi�ie mail, or by Ui�ited StaCes mail. postage
prepaid. addressed to the parties at the addresses set forth belo�a�or such otlier adciresses as the parties
may c(esi�nate by notice.
17. Nothin�contained in this agreement shall be construed to create_ and the parties do not intend to
create, any rights in third parties.
18. l:xcept as othcrwise provided herein, this agreement may not be eham.;ecL modified or rescinded
e�cept in ���riting, signecl by all parties hereto,and any at�tempt at oral u�odilic��tion of this agrcement�
shall be void and of no effect.
19. This a��reement may be e�ecuted in multiple originals, each o1'�vhich is decmed ta be an ori�rinal,
�nd may be signed in counterparts �
IN WITNESS WHI;REOT, the parties have execlited the abo��e instrument o�� thc day and year tirst
above�-vritten.
COUNTY OF MARiN CI"I'Y OF
/ -�"-_
B)'� By: --
1<alie Ri e. Presiclent
Boarci of Supervisors Mayor
ft"I�"I�LST: ATTEST:
� -- �� - � _
Ueputy Clerl:of the Board Clerl:
NIASTI;R FORM APPROVGD AS TO FORM:
"]�arisha Bal
Dep�ity Count}•Col�nsel
Countv of Marin