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HomeMy WebLinkAboutItem 12 - CDBG, HOME and ESG ProgramsFROM: •. MEETING DATE: JUNE 17, 2014 SUBJECT: JOINT ADMINISTRATIVE AGREEMENT AND RESOLUTION — CDBG, HOME AND ESG PROGRAMS WITH TARRANT COUNTY FY 15 - 17 City 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 program for the three year program period of FY 15 - FY 17, and • A Resolution regarding The City of Grapevine's participation in Tarrant County's Community Development Block Grant (CDBG) program, HOME Investment Partnership and Emergency Solutions Grant (ESG) Consortium for the three year program period of FY 15 - FY 17, authorize the Mayor to execute the necessary agreements, and take any necessary action. 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 — FY 11. On May 17, 2011, City Council adopted identical CDBG and HOME program resolutions for FY 12 — FY 14 With the 2014 year nearing an end, we have now received notification from Tarrant County that we need to adopt an agreement and resolution supporting the City's participation with Tarrant County as a Metropolitan City for the CDBG, HOME and ESG programs for FY 15 — FY 17. The Community Development Block Grant (CDBG) entitlement program allocates annual grants to larger cities and urban counties to develop viable communities by providing decent housing, a suitable living environment, and opportunities to expand economic opportunities, principally for low- and moderate- income persons. These OAAGENDA\2014 \06 -17 -14 \CDBG & HOME Program.doc 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 decent, safe, sanitary and affordable housing for very low- income and 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 were provided under the Urban County program. Staff recommends approval. O:WGENDA\2014106- 17- 141CDBG & HOME Program.doc COMMUNITY MIS I DEVELOPMENT 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 2015 -2017 program years, and The CITY OF GRAPEVINE has entered into a cooperative agreement (attachment "Resolution ") 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 "Resolution "), 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 2015 through 2017. 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 retain, for HUD eligible reimbursable administrative costs, an amount not to exceed TWENTY PERCENT (20 %) of the total annual HUD allocation under 570.205, 570.206 and OMB Circular A -87 and A -133. This Joint Administrative Agreement is executed on behalf of the CITY OF GRAPEVINE and TA NT COUNTY by its duly authorized officials. William D. Tate, MAYOR of CITY of GRAPEVINE DATE: B. Glen Whitley, COUNTY JUDGE DATE: 1, 1 WWI • ! • 1 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 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 (HOME) 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 shall 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, 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 Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and Emergency Solutions Grant (ESG) Program Allocation from Federal Fiscal Years 2015, 2016, and 2017 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 lower income housing assistance activities, and WHEREAS, Tarrant County will not fund activities in, or in support of, any cooperating unit of general local government 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 will not fund activities in support of City of Grapevine that does not 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 and the Age Discrimination Act of 1975, and other applicable laws, 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 Community Development Act of 1974, and other applicable laws, and WHEREAS, prior to disbursing any CDBG, HOME and ESG Program funds to a subrecipient, Tarrant County shall sign a written agreement with such subrecipient, 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, HOME and ESG Program requirements, 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 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. 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 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; 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 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 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 2015, 2016, 2017 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 THIS ATTEST: CITY SECRETARY Commissioners Court Clerk day of EN_•: County Judge 2014 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).