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MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: MAY 17, 2011
SUBJECT: RESOLUTIONS -- CDBG PROGRAM AND HOME PROGRAM
WITH TARRANT COUNTY FY 12 - FY 14
RECOMMENDATION:
City Council consider adopting:
• A Resolution forming a Joint Administrative Agreement between the City of
Grapevine as a designated Metropolitan City and Tarrant County for
administration of the Community Development Block Grant program for the three
year program period of FY 12 - FY 14,
• A Resolution forming a HOME Consortium between the City of Grapevine as a
designated Metropolitan City and Tarrant County for participation in Tarrant
County's Home Investment Partnership Program for the three year program
period of FY 12 - FY 14,
authorize the Mayor to execute agreements with Tarrant County for the two programs,
and take any necessary action.
BACKGROUND:
On September 2, 2008, City Council adopted resolutions supporting the City's
participation in Tarrant County's Urban County CDBG and HOME programs for FY 09 —
11.
With the 2011 year nearing an end, we have now received notification from Tarrant
County that we need to adopt resolutions again supporting the City's participation with
Tarrant County as a Metropolitan City for the CDBG and HOME programs for FY 12 —
FY 14.
Tarrant County will continue to provide all administrative services for these two programs
as were provided under the Urban County program.
Staff recommends approval.
OAAGENDA120 1 1105- 1 7- 1 11CDBG & HOME Program.doc
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TARRA,NT COUNTY
C'!OMMtSSIG.NERS COURT
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y at-h i-i Ward, Director
May 2, 2011
Honorable William D Tate
City of Grapevine
200 S. Main St
P.O. Box 95104
Grapevine. TX 76099
RE: Renewing Joint Administration Agreements for CDBG and Joint Grant
Agreements for HOME with the urban county f6r 2012 -2(U14
Dear 'Mayor:
Tarrant County must once again qualify as an Urban County under the CDBG and
HOME programs for HUD. Entitlement counties must re- qualify every throe years for
funding. Tarrant County is e= ligible to n co ve entitlement grant funds by having a
combined population of 200,000 or more f-om unincorporated areas and participating
municipalities.
Any metropolitan city (Euless, Grapevine and North Richland Hills) that had
deferred its status previously or had accepted its statue and entered into a joint agreement
with the urban county, and wishos to NOT maintain the same relationship with the county
for this next qualification period, must notify the county and the FiUD Field Office in
writing -t5, 2011.
If the City chooses to renew and enter into agreements with Tarrant County,
attached is the Joint Administration Agreement, Joint Grant Agreement and the
Resolutions for both programs to be aligned and returned to Tarrant County by Ju -mle
51 2011. As Tarrant County must receive final approval from the commissioner -s c<N iU-,
we are asking the City of Grapevine to have all forms signed and returned by June 6,
2011. The CDBG joint administration agreement between the City of Grapevine and
Tarrant County includes the administration of the CDBG grant. The HOME joint grant
agreement is for the City of Grapevine to join the consoxtiuxn to use HOME Investmet it
Partnership Program funding. All agreements allow the City of Grapevine to continue to
becorne part of the Urban County for the purpose of program planning and
15095 South University Drive, Suite 275, Fort Worth, Tx 76107, 17/853.7940, Fax 8171850 -79:4
implementation for the entire period of the Urban County qualification. Attached please
find the Joint Administration Agreement, Joint Grant Agreement and the Resolutions for
both programs to be sighed and retuu -red to Tarraat County by Jfuaze 6, X09 x if the
City of Grapevine wishes to renew both agreements.
We appreciate the contir_ued collaboration with each city. If you have further
qucstions or eoncems regarding this notice, please contact me or Susan Au, Community
Development Planner, at 817- 850 -7940.
A
ti
Sin��ly,
1
Patricia Ward
Director
cc: Honorable B. Glen Whitley
William T. Higgins, Assistant DA
RESOLUTION #
RESOLUTION FORMING A JOINT ADMINSITRATIVE AGREEMENT BETWEEN THE CITY
OF GRAPEVINE, A DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)
METROPOLITAN CITY DESIGNATED AS A DIRECT ENTITLEMENT CITY, AND TARRANT
COUNTY FOR ADMINISTRATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM FOR THE THREE PROGRAM YEAR PERIOD, FISCAL YEAR 2012
THROUGH 2014, SUBJECT TO THE JOINT ADMINISTRATIVE AGREEMENT ATTACHED
WHEREAS, the Congress of the United States of America has authorized under Title 1 of the
Housing and Community Development Act of 1974, Public Law 93 -383, as amended; 42 U.S.C. Sec
5301, as amended through the Housing and Community Development Act of 1992, establishes a
program of community development block grants for the specific purpose of developing viable
communities by providing decent housing and suitable living environments and expanding economic
opportunities principally for persons of low and moderate income, and
WHEREAS, the U.S. Department of Housing and Urban Development in 24 CFR 570.308,
allows any urban county and any metropolitan city located, in whole or in part, within that county to
submit a joint request to HUD to approve the inclusion of the metropolitan city as a part of the urban
county for purposes of planning and implementing a joint community development and housing
program, and
WHEREAS, Tarrant County has been designated an "Urban County" by the Department -of
Housing and Urban Development entitled to a formula share of Community Development Block Grant:
and HOME program funds provided said County has a combined population of 200,000 persons in its.
unincorporated areas and units of general local government with which it has entered into cooperative
agreements, and
WHEREAS, Tarrant County has been designated an "Urban County" and the City of
Grapevine has accepted a designation of "metropolitan city" by the Department of Housing and Urban
Development to receive direct entitlement of Community Development Block Grants (CDBG), and
WHEREAS, Article III, Section 64 of the Texas Constitution authorizes Texas counties to
enter into cooperative agreements with local governments for essential Community Development and
Housing Assistance activities, and
WHEREAS, Article III, Section 64 of the Texas Constitution authorizes Texas counties to
enter into cooperative agreements with local governments to consolidate governmental functions, and
WHEREAS, through cooperative agreements Tarrant County has authority to carry out
activities funded from annual CDBG Program Allocations from Federal Fiscal Years 2012, 2013, 2014
appropriations and from any program income generated from the expenditure of such funds, and
WHEREAS, Tarrant County and the City of Grapevine agree to cooperate to undertake, or
assist in undertaking, community renewal and low income housing assistance activities, and
WHEREAS, the City of Grapevine 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
WHEREAS, the City of Grapevine has adopted and is enforcing 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, and
WHEREAS, Tarrant County and the City of Grapevine shall 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, including Title VI of the Civil Rights
Act of 1964, and Title VIII of the Civil Rights Act of 1968, section 109 of Title I of the Housing and
Community Development Act of 1974, and other applicable laws, and
WHEREAS, the City of Grapevine agrees to inform the County of any income generated by
the expenditure of CDBG funds received and that any such program income must be paid to the
County to be used for eligible activities in accordance with all CDBG Program requirements, and
WHEREAS, in accordance with 24 CFR 570.501(b), Tarrant County is responsible for
ensuring that CDBG funds are used in accordance with all program requirements, including monitoring
and reporting to the U.S. Department of Housing and Urban Development on the use of program
income and that in the event of close -out or change in status of the City of Grapevine, any program
income that is on hand or received subsequent to the close -out of change in status shall be paid to the
County, and
WHEREAS, in accordance with 24 CFR 570.501(b), Tarrant County, as the recipient is
responsible for ensuring that CDBG funds are used in accordance with all program requirements. The
use of designated public agencies, subrecipients, or contracts does not relieve Tarrant County of this
responsibility. Tarrant County is also responsible for determining the adequacy of performance under
subrecipient agreements and procurement contracts, and for taking appropriate action when
performance problems arise, such as the actions described in §570.910. Where a city is participating
with, or as part of Tarrant County Urban County, as a participating unit, or as part of a metropolitan
city, the County is responsible for applying to the unit of general local government the same
requirements as are applicable to subrecipients, except that the five -year period identified under
§570.503 (b) (8) (i) shall begin with the date that the unit of general local government is no longer
considered by HUD to be a part of the metropolitan city or urban county, as applicable, instead of the
date the subrecipient agreement expires, and
WHEREAS, the City of Grapevine, agrees to notify Tarrant County of any modification or
change in the use of the real property from that planned at the time of acquisition or improvement,
including disposition, and further agrees to reimburse the County- in an amount equal to the current fair
market value (less any portion thereof attributable to expenditure of non -CDBG funds) of property
acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify
under the CDBG regulations, and
WHEREAS, any money generated from disposition or transfer of the property will be treated
as program income and returned to the county prior to or subsequent to the close -out, change of status
or termination of the cooperation agreement between county and the City of Grapevine;
NOW, THEREFORE, BE IT RESOLVED, by the City of Grapevine, that the City Council
of Grapevine, Texas supports the application of Tarrant County for funding from the Housing and
Community Development Act of I974, as amended, and asks that its population be included for three
successive years with that of Tarrant County, Texas to carry out under Public Law 93-383, and
Affordable Housing activities under Public Law 101 -625, and authorizes the Mayor of Grapevine,
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Texas to sign such additional forms as requested by the Department of Housing and Urban
Development pursuant to the purposes of the Resolution, and further that the City of Grapevine, Texas
understands that Tarrant County will have final responsibility for selecting projects and filing annual
grant requests.
BE IT FURTHER RESOLVED, this agreement will automatically be renewed for
participation in successive three -year qualification periods, unless Tarrant County or the City of
Grapevine provides written notice it elects not to participate in a new qualification period. Tarrant
County will notify the City of Grapevine in writing of its right to make such an election on the date
specified by the U.S. Department of Housing and Urban Development (HUD) in their urban county
qualification notice for the next qualification period. Any amendments or changes contained within
the urban county qualification notice applicable to for a subsequent three -year urban county
qualification period must be adopted by Tarrant County and the City of Grapevine, and submitted to
HUD. Failure by either party to adopt such an amendment to the agreement will void the automatic
renewal of this agreement.
This agreement remains in effect until CDBG funds, and income received to the Fiscal Years 2012,
2013, and 2014 programs, and to any successive qualification periods provided through the automatic
renewal of this agreement, are expended and the funded activities completed, and neither Tarrant
County nor the City of Grapevine may terminate or withdraw from the agreement while the agreement
remains in effect.
Official notice of amendments or changes applicable for a subsequent three -year urban county
agreement shall be in writing and be mailed by certified mail to the City Secretary of:the :City of
Grapevine. Any notice of changes or amendments to this "agreement by the City of Grapevine to
Tarrant County shall be in writing to the Tarrant County Community Development Division Director.
PASSED AND APPROVED THIS
ATTEST:
CITY SECRETARY
COMMISSIONERS COURT CLERK
day of _ . ,
APPROVED:
MAYOR
COUNTY JUDGE
Approval Form for District Attorney
Approved as to Form*
*By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It
may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was
conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit
of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective
attorney(s).
JOINT ADMINISTRATIVE AGREEMENT FOR ADMINISTRATION OF
COMMUNITY DEVELOPMENT BLOCK GRANT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
KNOW ALL MEN BY THESE PRESENTS
The CITY OF GRAPEVINE, hereinafter called "City ", has accepted a designation by
the United States Department of Housing and Urban Development (HUD) as a metropolitan city
eligible to receive direct entitlement of Community Development Block Grant (CDBG) funds for
the FY 2012 -2014 program years, and
The CITY OF GRAPEVINE has entered into a cooperative agreement with
TARRANT COUNTY, hereinafter called "County ", to participate in the County's CDBG
program as a metropolitan city eligible to receive direct entitlement of CDBG funds, and
The CITY OF GRAPEVINE and TARRANT COUNTY have agreed to abide by HUD
requirements as detailed in CPD 96 -04, Article 5, in the cooperative agreement (attachment
"A "), and in accordance with 24 CFR 570.308 Joint Requests.
This JOINT ADMINISTRATIVE AGREEMENT is made and entered into by and
between the City Council of the CITY OF GRAPEVINE and TARRANT COUNTY and the
parties hereby AGREE as follows:
1. Scope of Term of Services. The County through this Joint Administrative Agreement
agrees to administer on behalf of the City of Grapevine all activities and requirements of federal,
state and local law, and rules and procedures of the United States Department of Housing and
Urban Development with regard to the City's Community Development Block Grant entitlement
program for the Fiscal Years 2012 through 2014.
2. Distribution of CDBG. The City shall receive CDBG entitlement program funding
from the County as an entitled metropolitan city. The amount of funding shall be equivalent to
or greater than what HUD determines annually as the City's entitlement as a metropolitan city.
3. Duties of County. The County shall be responsible for administering all activities
related to the City CDBG entitlement program in accordance with 24 CFR 570.500 Subpart "J"
Grant Administration, 24 CFR 570.501(b), and 24 CFR 570.503.
4. Duties of the City. The City will approve all City CDBG entitlement program funding
decisions. The City will determine specific programs, projects, or any other uses to the extent
permitted and consistent with HUD eligible activities.
5. Administrative Expenses. The County shall administer the grant under 570.205,
570.206 and OMB Circular A -87 and A -133, not to exceed the total allowable administrative
cost of 20% of the grant.
This Joint Administrative Agreement is executed on behalf of the CITY OF GRAPEVINE and
TARRANT COUNTY by its duly authorized officials.
CITY OF GRAPEVINE
MAYOR
DATE:
TARRANT COUNTY, TEXAS
B. Glen Whitley, JUDGE
DATE:
RESOLUTION #
RESOLUTION FORMING A HOME CONSORTIUM BETWEEN THE CITY OF GRAPEVINE, A
DESIGNATED DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)
METROPOLITAN CITY, AND TARRANT COUNTY FOR PARTICIPATION IN TARRANT
COUNTY'S HOME INVESTMENT PARTNERSHIP PROGRAM FOR THE THREE PROGRAM
YEAR PERIOD, FISCAL YEAR 2012 THROUGH 2014, SUBJECT TO THE JOINT GRANT
AGREEMENT ATTACHED (ATTACHMENT "A ").
WHEREAS, the Congress of the United States of America has enacted the HOME Investment
Partnerships Act, Title 11 of the Cranston - Gonzalez National Affordable Housing Act, 42 U.S.C. Sec
12701, as amended, and
WHEREAS, the U.S. Department of Housing and Urban Development in 24 CFR 92, allows
units of general local government to enter into mutual cooperation agreements to form a HOME
program consortium for the purpose of obtaining funding as a participating jurisdiction under the
HOME Investment Partnership Program, and
WHEREAS, Tarrant County has been designated an "Urban County" by the Department of
Housing and Urban Development entitled to a formula share HOME Investment Partnership program
funds provided said County has a combined population of 200,000 persons in its incorporated areas
and units of general local government with which it has entered into cooperative agreements, and
WHEREAS, Article III, Section 64 of the Texas Constitution authorizes Texas counties. to
enter into cooperative agreements with local governments for essential Community De-velopment and
Housing Assistance activities, and
WHEREAS, the City of Grapevine shall not apply for grants under the State HOME Program
from appropriations for fiscal years during the period in which it is participating in Tarrant County's
HOME program, and
WHEREAS, the City of Grapevine shall not participate in a HOME consortium except through
Tarrant County, regardless of whether or not Tarrant County receives a HOME formula allocation, and
WHEREAS, through cooperative agreements Tarrant County has authority to carry out
activities funded from annual HOME Program Allocations from Federal Fiscal Years 2012, 2013,
2014 appropriations and from any program income generated from the expenditure of such funds, and
WHEREAS, Tarrant County and the City of Grapevine agree to cooperate to undertake, or
assist in undertaking, program activities to expand the supply of decent, safe, sanitary and affordable
housing for low income and very low income Americans, and
WHEREAS, Tarrant County has authorized the Tarrant County Community Development
Division to act in a representative capacity as the lead entity for all members of the consortium for the
purposes of administering the HOME program, assuming overall responsibility for ensuring the
consortium's HOME program is carried out in compliance with the requirements of the HOME
program and the Consolidated Plan, and
WHEREAS, Tarrant County will not fund activities in support of any cooperating unit of
general government 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, and
WHEREAS, in accordance with 24 CFR Part 91 and 92, Tarrant County is responsible for
ensuring that HOME funds are used in accordance with all program requirements, including
monitoring and reporting to the U.S. Department of Housing and Urban Development on the use of
program income and that in the event of close -out or change in status of the city of Grapevine, any
program income that is on hand or received subsequent to the close -out of change in status shall be
paid to the County, and
WHEREAS, the City of Grapevine, agrees to notify Tarrant County of any modification or
change in the use of the real property from that planned at the time of acquisition or improvement,
including disposition, and further agrees to reimburse the County in an amount equal to the current fair
market value (less any portion thereof attributable to expenditure of non -HOME funds) of property
acquired or improved with HOME funds that is sold or transferred for a use which does not qualify
under the HOME regulations, and
WHEREAS, any money generated from disposition or transfer of the property will be treated
as program income and returned to the county prior to or subsequent to the close -out, change of status
or termination of the cooperation agreement between county and the City of Grapevine;
NOW, THEREFORE, BE IT RESOLVED, by the City of Grapevine, that the City Council
of Grapevine, Texas supports the application of Tarrant County for funding from the Housing and
Community Development Act of 1974, as amended, and asks that its population be included for three
successive years with that of Tarrant County, Texas to carry out under Public Law 93 -383, and
Affordable Housing activities under Public Law 101 -625, and authorizes the Mayor of Grapevine,
Texas to sign such additional forms as requested by the Department of Housing and Urban
Development pursuant to the purposes of the Resolution, and further that the City of Grapevine, Texas
understands that Tarrant County will have final responsibility for selecting projects and filing annual
grant requests.
BE IT FURTHER RESOLVED, this agreement will automatically be renewed for
participation in successive three -year qualification periods, unless Tarrant County or the City of
Grapevine provides written notice it elects not to participate in a new qualification period. Tarrant
County will notify the City of Grapevine in writing of its right to make such an election on the date
specified by the U.S. Department of Housing and Urban Development (HUD) in their urban county
qualification notice for the next qualification period. Any amendments or changes contained within
the urban county qualification notice applicable to for a subsequent three -year urban county
qualification period must be adopted by Tarrant County and the City of Grapevine, and submitted to
HUD. Failure by either party to adopt such an amendment to the agreement will void the automatic
renewal of this agreement.
This agreement remains in effect until HOME funds, and income received to the Fiscal Years 2012,
2013, and 2014 programs, and to any successive qualification periods provided through the automatic
renewal of this agreement, are expended and the funded activities completed, and neither Tarrant
County nor the City of Grapevine may terminate or withdraw from the agreement while the agreement
remains in effect.
0
Official notice of amendments or changes applicable for a subsequent three -year urban county
agreement shall be in writing and be mailed by certified mail to the City Secretary of the City of
Grapevine. Any notice of changes or amendments to this agreement by the City of Grapevine to
Tarrant County shall be in writing to the Tarrant County Community Development Division Director.
PASSED AND APPROVED THIS day of ,
ATTEST: APPROVED:
CITY SECRETARY
COMMISSIONERS COURT CLERK
MAYOR
COUNTY JUDGE
Approval Form for District Attorney
Approved as to Form*
*By law, the District Attorney's Office may only advise or approve contracts or legal documents'on
behalf of its clients. It may not advise or approve a contract or legal document on behalf of other
parties. Our review of this document was conducted solely from the legal perspective of our client.
Our approval of this document was offered solely for the benefit of our client. Other parties should not
rely on this approval, and should seek review and approval by their own respective attorney(s).
JOINT GRANT AGREEMENT FOR ADMINISTRATION OF
HOME INVESTMENT PARTNERSHIP PROGRAM
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT §
The CITY OF GRAPEVINE, hereinafter called "City ", has accepted a designation by
the United States Department of Housing and Urban Development (HUD) as a metropolitan city
under the Community Development Block Grant (CDBG). As a metropolitan city under CDBG,
the City will make agreements to form a HOME consortium with the urban county to receive
HOME Investment Partnership Program (HOME) funds for the FY 2012 -2014 program year,
and
The CITY OF GRAPEVINE has entered into a cooperative agreement with
TARRANT COUNTY, hereinafter called "County ", to participate in the County's HOME
program as a HUD designated metropolitan city, and
The CITY OF GRAPEVINE and TARRANT COUNTY have agreed to abide by HIM
requirements as detailed in CPD 9604, Article 5, in the cooperative agreement, and in
accordance with 24 CFR 92.101 Consortia and 24 CFR 92.504 Participating jurisdiction
responsibilities; written agreements; on -site inspection.
This JOINT GRANT AGREEMENT is made and entered into by and between the City
Council of the CITY OF GRAPEVINE and TARRANT COUNTY and the parties hereby
AGREE as follows:
1. Pro am Activily. The City of Grapevine and Tarrant County through this Joint Grant
Agreement agree to cooperate to undertake or to assist in undertaking housing assistance
activities for the HOME program as guided by federal, state, local law, and rules and procedures
of the United States Department of Housing and Urban Development for the Fiscal Years 2012
through 2014.
2. Representative Appointment. The County is authorized to act in a representative
capacity as the lead entity for all members if the consortium for the purposes of administering the
HOME program.
3. Representative Responsibilities. The County assumes overall responsibility for
ensuring that the consortium's HOME program is carried out in compliance with the
requirements of the HOME program, including requirements concerning the Consolidated Plan,
24 CFR Part 91.
4. Fair Housiniz: The City of Grapevine will agree to affirmatively further fair housing.
S. Term. The consortium's qualification period is FY 2012 — 2014 whereby Tarrant
County has the authority to carry out activities funded from annual HOME program allocations
from Federal Fiscal Years 2012, 2013, and 2014 appropriations and from any program income
generated from the expenditure of such funds.
6. Automatic Renewal. This agreement will automatically be renewed for participation
in successive three -year qualification periods, unless Tarrant County or the City of Grapevine
provides written notice it elects not to participate in a new qualification period. Tarrant County
will notify the City of Grapevine in writing of its right to make such an election on the date
specified by the U.S. Department of Housing and Urban Development (HUD) in their urban
county qualification notice for the next qualification period. Any amendments or changes
contained within the urban county qualification notice applicable to for a subsequent three -year
urban county qualification period must be adopted by Tarrant County and the City of Grapevine,
and submitted to HUD. Failure by either party to adopt such an amendment to the agreement
will void the automatic renewal of this agreement.
7. Program Year. July 1, 2012 is the beginning date of the 2012 program year. A
program year will end June 30th the following year.
8. Authority to Amend Agreement. Tarrant County is authorized to amend the
agreement and . to add new members on behalf of the entire consortium, unless otherwise
specified in this agreement.
This Joint Grant Agreement is executed on behalf of the CITY OF GRAPEVINE and
TARRANT COUNTY by its duly authorized officials.
CITY OF GRAPEVINE
MAYOR
DATE:
TARRANT COUNTY, TEXAS
B. Glen Whitley, JUDGE
DATE: