Loading...
HomeMy WebLinkAboutItem 10 - CDBG, HOME, ESGCMEMOTO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: MAY 5, 2020 SUBJECT: APPROVAL OF CDBG, HOME AND ESG PROGRAMS WITH TARRANT COUNTY FY2021 - FY2023 RECOMMENDATION: ity Council consider approving 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 (CDBG) program for the three year program period of FY2021 - FY2023 and a resolution regarding the City's participation in Tarrant County's CDBG program, HOME Investment Partnership and Emergency Solutions Grant (ESG) Consortium. FUNDING SOURCE: BACKGROUND: On September 2, 2008, City Council adopted resolutions supporting the City's participation in Tarrant County's Urban CDBG and HOME programs for FY09 - FY11. On May 17, 2011, June 17, 2014, and June 6, 2017 City Council adopted CDBG and HOME program resolutions for FY12 - FY14, FY15 - FY17, and FY18 - FY20 respectively, that were self -renewing for this three-year program period. With the 2020 year nearing an end, we have now received notification from Tarrant County that we need to adopt an agreement supporting the City's participation with Tarrant County as a Metropolitan City for the CDBG, HOME and ESG programs for FY2021 - FY2023. The Community Development Block Grant (CDBG) entitlement program allocates annual grants to larger cities and urban counties to develop viable communities by providing adequate housing, a suitable living environment, and options to expand economic opportunities, principally for low and moderate -income individuals. These CDBG funds may be used in target areas designated by census data. Grapevine has used these funds over the last several years to improve infrastructure within these target areas including road reconstruction, and water and sewer line replacement. The HOME Investment Partnership (HOME) program is to expand the supply of adequate, safe, sanitary and affordable housing for low-income and very low-income Americans. The Emergency Solutions Grant (ESG) Consortium program provides grants by formula to states, metropolitan cities, urban counties and U.S. territories for eligible activities, generally including essential services related to emergency shelter, rehabilitation and conversion of buildings to be used as emergency shelters, operation of emergency shelters, and homelessness prevention services. Tarrant County will continue to provide all administrative services for these programs as provided under the Urban County program. Staff recommends approval 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 2021-2023 program years, and The CITY OF GRAPEVINE has entered into a cooperative agreement (auto renewing "Resolution" 21-23) 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 20-03, in the cooperative agreement (auto renewing "Resolution" 21-23), and in accordance with 24 CFR 570.308. 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. Sco e of Terni 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 2021 through 2023. 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 5 70.5 00 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 retain, for HUD eligible reimbursable administrative costs, an amount not to exceed TWENTY PERCENT (20%) of the total annual HUD allocation under 570.205, 570.205 and OMB Circular A-87 and A-133. This Joint Administrative Agreement is executed on behalf of the CITY OF GRAPEVINE and TARRANT COUNTY by its duly authorized officials. CITY OF GRAPEVINE William. D. Tate, MAYOR of CITY of GRAPEVINE DATE: TARRANT COUNTY, TEXAS B. Glen Whitley, COUNTY JUDGE DATE Approved as to Form* *B law the District Attorney's Office may onlyadvise or approve contracts or Ie al documents on behalf of its clients. It may not advise or.ap ove a contract or Ie aI document on behalf of otherarties. our review of this document was conducted solei from the le al ers ective of our client. Cour approval of this document was offered solei for the benefit of our client. Other -parties should not rel on this a roval and should seek review and approval by their oven reetive attorney(s). RESOLUTION NO. 2020-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS REGARDING THE CITY'S PARTICIPATION IN TARRANT COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIP AND EMERGENCY SOLUTIONS GRANT CONSORTIUM FOR THE THREE PROGRAM YEAR PERIOD, FISCAL YEAR 2021 THROUGH FISCAL YEAR 2023 AND PROVIDING AN EFFECTIVE DATE WHEREAS, Title I of the Housing and Community Act of 1974, as amended through the Housing and Community 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 environment and expanding economic opportunities principally for persons of low and moderate income, and WHEREAS, Title II of the Cranston -Gonzalez National Affordable Housing Act, as amended, establishes the HOME Investment Partnership Act (HOME) to expand the supply of decent, safe, sanitary and affordable housing for very low-income and low- income Americans, 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 (CDBG), HOME Investment Partnership and Emergency Solutions Grant (ESG) 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, 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, the City of Grapevine may not apply for grants under the State CDBG Program from appropriations for fiscal years during the period in which it is participating in Tarrant County's CDBG program, and WHEREAS, the City of Grapevine shall not participate in a HOME consortium except through Tarrant County; however, does not preclude Tarrant County or the City of Grapevine from applying to the State for HOME Investment Partnership (HOME) funds, if the State allows, and WHEREAS, City of Grapevine may receive Emergency Solutions Grant (ESG) programming through Tarrant County; however, does not preclude Tarrant County or the City of Grapevine from applying to the State for Emergency Solutions Grant (ESG) funds, if the State allows, and WHEREAS, through cooperative agreements Tarrant County has authority to carry out activities funded from annual Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and Emergency Solutions Grant (ESG) Program Allocation from Federal Fiscal Years 2021, 2022, and 2023, from any program income generated from the expenditure of such funds and any successive qualification periods under automatic renewal, and WHEREAS, this cooperative agreement covers Federal Fiscal Years 2021, 2022, and 2023, it will automatically be renewed for participation in successive three-year qualification periods, unless the County or the City of Grapevine informs HUD with written notice to elect to not participate in a new qualification period, and WHEREAS, the cooperative agreement will be automatically renewed by the date specified in HUD's urban county qualification notice for the next qualification period, Tarrant County will notify City of Grapevine in writing of its right not to participate, and WHEREAS, with automatic renewal, Tarrant County and City of Grapevine will be required to adopt and submit to HUD any amendment to the agreement incorporating changes necessary to meet the requirements set forth in an Urban County Qualification Notice, and WHEREAS, Tarrant County and the City of Grapevine agree to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, and WHEREAS, Tarrant County and City of Grapevine will take all actions necessary to assure compliance under section 104(b) of Title I of the Housing and Community Development Act of 1974, Title VI of the Civil Rights Act of 1964 and the Fair Housing Act, and WHEREAS, Tarrant County will not fund activities in, or in support of City of Grapevine that does not affirmatively further fair housing within its own jurisdiction or that impedes the county's actions to comply with the county's fair housing certification, and WHEREAS, Tarrant County and City of Grapevine will comply with section 109 of Title I of the Housing and Community Development Act of 1974, which incorporates Section 504 of the Rehabilitation Act of 1973, of Title I I of the Americans with Disabilities Act, Age Discrimination Act of 1975, Section 3 of the Housing and Urban Development Act of 1968, and other applicable laws, and Resolution No. 2020-009 2 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, in accordance with 24 CFR 570.501(b), Tarrant County is responsible for ensuring that CDBG, HOME and ESG funds are used in accordance with all program requirements, including monitoring and reporting to U.S. Department of Housing and Urban Development, on the use of program income, and WHEREAS, pursuant to 24 CFR 570.501(b), the City of Grapevine is subject to the same requirements applicable to sub recipients, including the requirement of a written agreement a described in 24 CFR 570.503, and WHEREAS, Tarrant County and City of Grapevine may not sell, trade, or otherwise transfer all or any portion of such funds to another such metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or non -Federal considerations, but must use such funds for activities eligible under title I of the Act in the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2014, Pub. L. 113-76. 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 Housing and Community Development Act of 1974, as amended, and Cranston- Gonzalez National Affordable Housing Act, as amended, and asks that its population be included for three successive years with that of Tarrant County, Texas to carry out Community Development Program Activities Eligible for Assistance 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 cooperative 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 to such election on the date specified by the U.S. Department of Housing Resolution No. 2020-009 3 and Urban Development in HUD's urban county qualification notice for the next qualification period. Any amendments or changes contained within the Urban County Qualification Notice applicable 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, HOME, ESG funds and income received to the fiscal 2021, 2022, 2023 programs, and to any successive qualification periods provided through the automatic renewal of this agreement, are expended and the funded activities completed, 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 BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 5th day of May, 2020. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: City Attorney Resolution No. 2020-009 4 PASSED AND APPROVED THIS day of , 2020 Commissioners Court Clerk County Judge Approval Form for District Attorney *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). Resolution No. 2020-009 5